code section 21081.6 and ceqa guidelines ... - los angeles

Los Angeles City Council, Supplemental AgendaTuesday, October 11, 2016JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRINGSTREET, LOS ANGELES, CA 90012 - 10:00 AM

Click here for the entire agenda packet / documents

Items for which Public Hearings Have Not Been Held - (10 Votes Required forConsideration)

ITEM NO. (47)16-0876-S2CD 4,13 ENVIRONMENTAL IMPACT REPORT AND ERRATA, MITIGATION

MEASURES, MITIGATION MONITORING PROGRAM, STATEMENT OFOVERRIDING CONSIDERATIONS, COMMUNICATION FROM THECITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative tothe Paramount Pictures Specific Plan Zone for the property located at 5555West Melrose Avenue. Recommendations for Council action, SUBJECT TO THE APPROVAL OFTHE MAYOR:

1. CERTIFY the Environmental Impact Report (EIR) and adopt thenecessary environmental findings and Statement of OverridingConsiderations prior to approving the project. Certification of an EIRrequires the City Council to certify as to all of the following: (1) it hasreviewed and considered the information contained in the Draft and FinalEIR, Environmental Clearance No. ENV 2011-2460-EIR (SCH. No.2011101 035) for the Paramount Pictures Specific Plan, including theaccompanying mitigation measures, and the Mitigation MonitoringProgram; (2) the EIR for the Paramount Pictures Master Plan, whichincludes the Draft EIR and the Final EIR, has been completed incompliance with the California Environmental Quality Act (CEQA), PublicResources Code Section 21000 et seq., and the State and City of LosAngeles CEQA Guidelines; and (3) the Final EIR represents theindependent judgment and analysis of the lead agency. In addition tocertifying the EIR, the City Council must adopt the mitigation measuresidentified in the EIR, the proposed Mitigation Monitoring Plan and the

Tuesday - October 11, 2016 - PAGE 1

http://cityclerk.lacity.org/councilagenda/

https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=16-0876-S2

findings dated October 6, 2016 prepared pursuant to Public ResourcesCode Section 21081.6 and CEQA Guidelines Section 15091. Finally,since the EIR for this project has identified significant and unavoidableimpacts, the City Council must adopt a Statement of OverridingConsiderations that complies with the requirements of Public ResourcesCode Section 21081 and CEQA Guidelines Section 15093.

2. ADOPT the FINDINGS dated October 6, 2016 pursuant to and inaccordance with Section 21081.6 of the California State PublicResources Code, the Mitigation Monitoring Program dated October 6,2016 prepared by the Department of City Planning (DCP) as theFindings of Council and ADOPT the Mitigation Monitoring Program.

3. ADOPT the FINDINGS dated October 6, 2016 made pursuant to and inaccordance with Section 21081 of the Public Resources Code and theStatement of Overriding Considerations prepared by the DCP andADOPT the Statement of Overriding Considerations.

4. ADOPT the FINDINGS of the Director of Planning on behalf of the LosAngeles City Planning Commission dated October 6, 2016 including theEnvironmental findings as the Findings of the Council.

5. PRESENT and ADOPT the accompanying ORDINANCE datedOctober 6, 2016 amending Sections 12.04 and 12.16.10 of the LosAngeles Municipal Code to establish the Paramount Pictures SpecificPlan Zone.

Applicant: Sharon Keyser, Paramount Pictures Corporation Representative: George Mihlsten, Latham and Watkins, LLP Case No. CPC-2011-2459-GPA-ZC-SP-SN-CA Related Case Nos. VTT-71751-1A; VTT-71751-2A; CPC-2011-2462-DA CEQA No. ENV-2011-2460-EIR Fiscal Impact Statement: None submitted by the City Attorney. Neither theCity Administrative Officer nor the Chief Legislative Analyst has completed afinancial analysis of this report. Community Impact Statement: None submitted. (Planning and Land Use Management Committee waived considerationof the above matter)


PLANNING DEPARTMENT TRANSMITTALTO THE CITY CLERK’S OFFICE

ENVIRONMENTALDOCUMENT:CITY PLANNING CASE: COUNCIL DISTRICT:

CPC-2011 -2459-GPA-ZC-SP-SN-CA ENV-2011-2460-EIR CD-13, CD-4

PROJECT ADDRESS:5555 Melrose Avenue

APPLICANT/REPRESENTATIVE: TELEPHONE NUMBER: EMAIL ADDRESS:

Paramount Pictures Corp.,Sharon Keyser (Applicant)George Mihlsten,Latham & Watkins, LLC (Representative)

(213) 485-1234 [email protected]

r New/Changed

APPELLANT/REPRESENTATIVE: TELEPHONE NUMBER: EMAIL ADDRESS:

None

PLANNER CONTACT INFORMATION: TELEPHONE NUMBER: EMAIL ADDRESS:

Elva Nuno-O’Donnell (818) 374-5066 [email protected]

APPROVED PROJECT DESCRIPTION:

The proposed Paramount Pictures Master Plan (the “Project”), consists of improvements to Paramount Studios comprising the main studio property of approximately 56 acres (the Main Lot) and six surrounding properties of approximately 6 acres (the Ancillary Lots). The Main Lot and Ancillary Lots are referred together as the Project Site. The Project includes the redevelopment of portions of the Project Site with new studio-related uses, circulation improvements, parking facilities, and pedestrian-oriented landscaped areas. These improvements would be implemented through the proposed Paramount Pictures Specific Plan (including a Historic Resources Preservation Plan), incorporating Sign Regulations in lieu of a proposed Sign Supplemental Use District, which would guide development within the Project Site. The proposed Specific Plan would allow for the construction of up to approximately 1,922,300 square feet of new stage, production office, support, office, and retail uses and the proposed demolition of approximately 536,600 square feet of stage, production office, support, office, and retail uses, resulting in a net increase of approximately 1,385,700 square feet of floor area within the Project Site upon completion of the proposed Project. No “Protected Trees,” pursuant to Ordinance 177,404, have been identified on the Project Site. A haul route approval for 420,000 cubic yards of export, throughout Project buildout to 2038, is also requested.

lC:\Users\51983\Downloads\CPC-2011-2459-GPA-ZC-SP-SN-CA PLANNING TRANSMITTAL Form.docx


mailto:[email protected]

mailto:[email protected]

COMMISSION ACTION(S) / ZONING ADMINISTRATOR ACTION(S): (CEA’s PLEASE CONFIRM)Certified that it has reviewed and considered the information contained in the Draft and Final Environmental Impact Report (EIR), and Errata, Environmental Clearance No. ENV-2011-2460-EIR (SCH. No. 2011101035), including accompanying mitigation measures, the Mitigation Monitoring Program, Adopt the related environmental Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring Program as the environmental clearance for the proposed project and find that:

a. EIR for Paramount Pictures, which includes the Draft EIR, Final EIR and Errata, has been completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 2100 et seq., and the State and City of Los Angeles CEQA Guidelines.

b. The Project’s EIR is presented to the City Planning Commission (CPC) as a recommending and decisionmaking body of the lead agency; and the CPC reviewed and considered the information contained in the EIR prior to certification of the EIR and recommending the project for approval, as well as all other information in the record of proceedings on this matter.

c. The Project’s EIR represents the independent judgment and analysis of the lead agency.Recommended that the City Council Approve a General Plan Amendment (Hollywood Community Plan and Wilshire Community Plan) from Commercial Manufacturing; Neighborhood Office Commercial; Low Medium II Residential; and Medium Residential to General Commercial (Main Lot to remain Industrial Limited Manufacturing). Recommended that the City Council Approve a Zone Change from RD1.5-1XL; R3-1XL, R3-1; C2-1; [Q]C2-1; [Q]C2-1VL; [Q]M1-1; and [QJM1-2D to Paramount Pictures Specific Plan (PPSP).Recommended that the Mayor Approve, and the City Council Adopt, the attached Paramount Pictures Specific Plan.Denied the establishment of a Sign District without prejudice, as the sign regulations have been incorporated within the Paramount Pictures Specific PlanApproved and Recommended that the City Council Adopt a Code Amendment establishing the Paramount Pictures Specific Plan (PPSP).Adopted the attached Findings.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 City may require any necessary fees to cover the cost of such monitoring.Advised the applicant that, pursuant to the State Fish and Game Code Section 711.4, a Fish and Game and/or Certificate of Game Exemption is now required to be submitted to the County Clerk prior to, or concurrent with, the Environmental Notices and Determination (NOD) filing.

1.

2.

3.

4.

5.

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7.8.

9.

ENTITLEMENTS FOR CITY COUNCIL CONSIDERATION:Certified that it has reviewed and considered the information contained in the Draft and Final Environmental1.

Impact Report (EIR), and Errata, Environmental Clearance No. ENV-2011-2460-EIR (SCH. No. 2011101035), including accompanying mitigation measures, the Mitigation Monitoring Program, Adopt the related environmental Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring Program as the environmental clearance for the proposed project and find that:

EIR for Paramount Pictures, which includes the Draft EIR, Final EIR and Errata, has been completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 2100 et seq., and the State and City of Los Angeles CEQA Guidelines.

The Project’s EIR is presented to the City Planning Commission (CPC) as a recommending and decisionmaking body of the lead agency; and the CPC reviewed and considered the information contained in the EIR prior to certification of the EIR and recommending the project for approval, as well as all other information in the record of proceedings on this matter.

The Project’s EIR represents the independent judgment and analysis of the lead agency.Approval of a General Plan Amendment (Hollywood Community Plan and Wilshire Community Plan) from

Commercial Manufacturing; Neighborhood Office Commercial; Low Medium II Residential; and Medium Residential to General Commercial (Main Lot to remain Industrial Limited Manufacturing).

Approval of a Zone Change from RD1.5-1XL; R3-1XL, R3-1; C2-1; [Q]C2-1; [QJC2-1VL; [QJM1-1; and [QJM1-2D to Paramount Pictures Specific Plan (PPSP).

Recommend that the Mayor Approve, and the City Council Adopt, the attached Paramount Pictures Specific Plan. Dismiss the establishment of a Sign District without prejudice, as the sign regulations have been incorporated

within the Paramount Pictures Specific PlanAdopt a Code Amendment establishing the Paramount Pictures Specific Plan (PPSP).Adopt the attached Findings.Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall

monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and City may require any necessary fees to cover the cost of such monitoring.

Advise the applicant that, pursuant to the State Fish and Game Code Section 711.4, a Fish and Game and/or Certificate of Game Exemption is now required to be submitted to the County Clerk prior to, or concurrent with, the Environmental Notices and Determination (NOD) filing.__________________^^________________________________

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FINAL ENTITLEMENTS NOT ADVANCING:

Sign District

ITEMS APPEALED:

N/A

ATTACHMENTS: REVISED: ENVIRONMENTAL CLEARANCE: REVISED:

P? Letter of Determination

I* Findings of Fact

F Staff Recommendation Report

r Conditions of Approval

lv Ordinance

S' Zone Change Map

fv GPA Resolution

S' Land Use Map

Exhibit A-Site Plan

F Mailing List

r Land Use

lv Other _______

r Categorical Exemption

r Negative Declaration

r Mitigated Negative Declaration

F/ Environmental Impact Report

r Mitigation Monitoring Program

r Other___________________

rrrr rr rr rrrrrrr

NOTES / INSTRUCTION(S):

ENV-2011-2460-EIR may be found at http://planning.lacity.org/eir/Paramount/ParamountCoverPg.htm .



http://planning.lacity.org/eir/Paramount/ParamountCoverPg.htm

FISCAL IMPACT STATEMENT:

r Yes F? No

*lf determination states administrative costs are recovered through fees, indicate “Yes”.

PLANNING COMMISSION:

r North Valley Area Planning Commission

r South LA Area Planning Commission

r South Valley Area Planning Commission

F West LA Area Planning Commission

I* City Planning Commission (CPC)

r Cultural Heritage Commission (CHC)

r Central Area Planning Commission

r East LA Area Planning Commission

r Harbor Area Planning Commission

COMMISSION VOTE:PLANNING COMMISSION HEARING DATE:

5-0July 14, 2016

APPEALED:LAST DAY TO APPEAL:

TRANSMITTAL DATE:TRANSMITTED BY:

August 23, 2016Adam Villani, City Planner



Los Angeles City Planning Commission200 N. Spring Street, Room 532, Los Angeles, California, 90012-4801, (213) 978-1300

www.lacity.org/PLN/index.htm

LETTER OF DETERMINATION

AUG 0 9 2016Mailing Date:

CASE NO.: CPC-2011-2459-GPA-ZC-SP-SN-CACEQA: ENV-2011-2460-EIR,

SCH: 2011101035 Related Cases: TT-71751-1A,

CPC-2011-2462-DA

Location: 5555 W. Melrose AvenueCouncil Districts: 13 - O’Farrell, 4-RyuPlan Areas: Hollywood and WilshireRequest: General Plan Amendment; Zone Change;Specific Plan; Sign District; Code Amendment

Applicant: Sharon Keyser, Paramount Pictures Corporation Representative: George Mihlsten, Latham & Watkins, LLP

At its meeting of July 14, 2016, the Los Angeles City Planning Commission took thefollowing action:1. Certified that it has reviewed and considered the information contained in the Draft and

Final Environmental Impact Report (EIR), and Errata, Environmental Clearance No. ENV- 2011-2460-EIR (SCH. No. 2011101035), including accompanying mitigation measures, the Mitigation Monitoring Program, adopted the related environmental Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring Program as the environmental clearance for the proposed project and Find that:a. EIR for Paramount Pictures, which includes the Draft EIR, Final EIR and Errata, has

been completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 2100 et seq., and the State and City of Los Angeles CEQA Guidelines.

b. The Project’s EIR is presented to the City Planning Commission (CPC) as a recommending and decision-making body of the lead agency; and the CPC reviewed and considered the information contained in the EIR prior to certification of the EIR and recommending the project for approval, as well as all other information in the record of proceedings on this matter.

c. The Project’s EIR represents the independent judgment and analysis of the lead agency.2. Approved a General Plan Amendment (Hollywood Community Plan and Wilshire

Community Plan) from Commercial Manufacturing; Neighborhood Office Commercial; Low Medium II Residential; and Medium Residential to General Commercial (Main Lot to remain Industrial Limited Manufacturing).

3. Approved a Zone Change from RD1.5-1XL; R3-1XL, R3-1; C2-1; [QJC2-1; [QJC2-1VL;[QJM1-1; and [QJM1-2D to Paramount Pictures Specific Plan (PPSP).

4. Dismissed the establishment of a Sign District without prejudice, as the sign regulations have been incorporated within the Paramount Pictures Specific Plan.

5. Approved a Code Amendment establishing the Paramount Pictures Specific Plan (PPSP).6. Adopted the attached Findings.7. 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 City may require any necessary fees to cover the cost of such monitoring.

8. Advised the applicant that, pursuant to the State Fish and Game Code Section 711.4, a Fish and Game and/or Certificate of Game Exemption is now required to be submitted to the County Clerk prior to, or concurrent with, the Environmental Notices and Determination (NOD) filing.


http://www.lacity.org/PLN/index.htm

CPC-2011-2459-GPA-ZC-SP-SN-CA Page 2

RECOMMENDATION TO THE CITY COUNCIL:1. Recommend that the City Council certify that it has reviewed and considered the

information contained in the Draft and Final Environmental Impact Report (EIR), and Errata, Environmental Clearance No. ENV-2011-2460-EIR (SCH. No. 2011101035), including accompanying mitigation measures, the Mitigation Monitoring Program, adopt the related environmental Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring Program as the environmental clearance for the proposed project and find that:a. EIR for Paramount Pictures, which includes the Draft EIR, Final EIR and Errata, has

been completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 2100 et seq., and the State and City of Los Angeles CEQA Guidelines.

b. The Project’s EIR is presented to the City Planning Commission (CPC) as a recommending and decision-making body of the lead agency; and the CPC reviewed and considered the information contained in the EIR prior to certification of the EIR and recommending the project for approval, as well as all other information in the record of proceedings on this matter.

c. The Project’s EIR represents the independent judgment and analysis of the lead agency.2. Recommend that the City Council approve a General Plan Amendment (Hollywood

Community Plan and Wilshire Community Plan) from Commercial Manufacturing; Neighborhood Office Commercial; Low Medium II Residential; and Medium Residential to General Commercial (Main Lot to remain Industrial Limited Manufacturing).

3. Recommend that the City Council approve a Zone Change from RD1.5-1XL; R3-1XL, R3- 1; C2-1; [Q]C2-1; [Q]C2-1VL; [Q]M1-1; and [Q]M1-2D to Paramount Pictures Specific Plan (PPSP).

4. Recommend that City Council adopt, the attached Paramount Pictures Specific Plan.5. Recommend that the City Council adopt a Code Amendment establishing the Paramount

Pictures Specific Plan (PPSP).6. Recommend that the City Council adopt the attached Findings.

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

The action was taken by the following vote:

Moved:Seconded:Ayes:Absent:

AmbrozMillmanChoe, Perlman, Dake-Wilson Ahn, Mack, Katz, Padilla-Campos

5-0Vote:

James K. Williams, Commission Executive Assistant II Los Angeles City Planning Commission

DklBfflppeals: The Los Angeles City Planning Commission’s decision is appealable to the Los Angeles City Council within 20 days after the mailing date of this determination letter. Any appeal not filed within the 20-day period shall not be considered by the Council. All appeals shall be filed on forms provided at the Planning Department’s Public Counters at 201 N. Figueroa Street, Fourth Floor, Los Angeles, or at 6262 Van Nuys Boulevard, Suite 251, Van Nuys.

Effective

AUG 2 9 2016Final Appeal Date:


CPC-2011 -2459-GPA-ZC-SP-SN-CA Page 3

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

Attachment: Ordinance, Maps, Findings, Resolution, Specific PlanAssociate Zoning Administrator: Charles J. RauschSenior City Planner: Luciralia IbarraCity Planner: Elva Nuno-O’DonnellCity Planner: Adam Villani


RESOLUTION

WHEREAS, the subject property is located within the area covered by the Hollywood Community Plan and Wilshire Community Plan (“Community Plans'’), which were adopted by the City Council on December 13, 1988 (CF 86-0695 SI) and September 19, 2001 (CF 01-1336); and

WHEREAS, the applicant will maintain the potential Paramount Pictures Historic District, potential RKO Radio Pictures Historic District, and KCAL Building in accordance with the Secretary of the Interior Standards, and is proposing to update and expand a motion-picture studio by 1,385,700 net new square feet of stage, office, production office, support, and retail space that would enable a major motion picture studio to modernize and remain competitive, providing thousands of jobs in the Hollywood and Wilshire communities; and

WHEREAS, to carry out the above-referenced project, the applicant has requested a General Plan Amendment to (a) change the land use designation for a portion of the subject property from Commercial Manufacturing, Neighborhood Office Commercial, Low Medium II Residential, and Medium Residential to General Commercial within the Hollywood Community Plan and Wilshire Community Plan (“Community Plans”); and, (b) amend the General Plan Generalized Land Use Map for the Community Plan areas to reflect the General Commercial land use designation; and

WHEREAS, the General Plan Amendment is consistent with Charter Sections 555, 556, and 558, representing an Amendment in Part of the Hollywood Community Plan and an Amendment in part of the Wilshire Community Plan; and

WHEREAS, the City Planning Commission at its meeting of July 14, 2016, approved the foregoing General Plan Amendment; and

WHEREAS, the General Plan Amendment of the subject property represents a significant social, economic, and physical identity within the Hollywood and Wilshire Community Plans, where Paramount Studios has historically contributed to the identity Los Angeles as an entertainment-capital, and which provides significant contributions to the City in the fonn of jobs, investment, and revenues; and

WHEREAS, pursuant to the provisions of the Los Angeles City Charter, the Mayor and the City Planning Commission have transmitted their recommendations; and

WHEREAS, the requested General Plan Amendment is consistent with the intent and purpose of the Hollywood Community Plan and Wilshire Community Plan to designate land uses in an orderly and unified manner; and

WHEREAS, the General Plan Amendment and the PPSP are consistent as required by California State Law; and,

WHEREAS, the subject request would provide for a more logical and uniform pattern of planned land use development that is compatible with surrounding land use designations on the General Plan; and


WHEREAS, the project has been reviewed by Environmental Impact Report, SCH No. 2011101035, in accordance with the City’s Guidelines for implementation of the California Environmental Quality Act (“CEQA”) by the City Planning Department.

NOW, THEREFORE, BE IT RESOLVED that the Community Plans shall be amended as shown on the attached General Plan Amendment Map.


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ORDINANCE NO.

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

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

Section 1. Section 12.04 of the Los Angles Municipal Code is hereby amended by changing the zone classifications of properties 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.


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Section 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 the foregoing ordinance was passed at the Council of the City of Los Angeles, by a majority vote of all its members, at the meeting of________________ .

Holly L. Wolcott, City Clerk

ByDeputy

Approved

Mayor

Pursuant to Section 558 of the City Charter, the City Planning Commission on July 14, 2016 recommends this ordinance be adopted by the City Council.

James K. Williams, Commission Executive Assistant II City Planning Commission

File No.


code section 21081.6 and ceqa guidelines ... - los angeles

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