department of city planning recommendation report · applicant: dylan herrick, jim herrick swim...

DEPARTMENT OF CITY PLANNING

Recommendation Report

City Planning Commission

Date: October 25, 201 2

Time: After 8:30 a.m.

Place: Van Nuys City Hall City Council chambers-2nd Floor 1441 0 Sylvan Street Van Nuys CA. 91401

Public Hearing: Appeal Status:

August 20,2012 Conditional Use may be appealed to City Council.

October 26,201 2 Expiration Date:

Multiple Approval: None

PROJECT LOCATION:

PROPOSED PROJECT:

REQUESTED ACTION:

11846 Kling Street, Valley Village.

Case No.: CEQA No.:

Related Cases: BZA-1993-4948-PAD ZA-I 993-806-PAD CF-90-1261 BZA-1989-4516-CUZ BZA-1989-4172-PAD ZA-I 989-1 041 -CUZ

Council No.: 2 - Paul Krekorian Plan Area: North Hollywood - Valley

Village Specific Plan: Valley Village Specific Plan

Certified NC: Valley Village

GPLU: Low Residential Zone: R1-I Applicant: Dylan Herrick, Jim Herrick

Swim School, LLC Representative: Fred Gaines, EsqIKimberly

Rible, Gaines and Stacey LLP

A Conditional Use permit pursuant to LAMC Section 12.24-U,24(c) to allow the continued use and operation of a private swim school with two (2) swimming pools on a 19,237 square-foot lot in the R1-I zone with a single-family residence. No new construction is proposed. Proposed hours of operation are Monday through Friday 9 A.M. to 1 P.M. and 2:00 P.M. to 6:00 P.M., and on Saturday from 9:00 A.M. to 1:00 P.M. and 2:00 P.M. to 5:00 P.M. Up to six (6) private lessons will be held at one time during the weekdays and up to four (4) private lessons will be held at one time on Saturday. "MommyIDaddy and Men lessons with up to six (6) motherslfathers and six (6) kids will be held no more than three (3) times a week. "Pre-Swim Teamn lessons with up to 12 students and two (2) teachers will be held for 40 minutes at a time, no more than three (3) times per week between October and May. No more than three (3) one-on-one lessons shall be permitted in the other swimming pool at the same time as "Pre-Swim Teamn or "MommyIDaddy and Men lessons.

1. Pursuant to Section 21084 of the California Public Resources Code, the above referenced project has been determined not to have a significant effect on the environment and which shall therefore be exempt from the provisions of CEQA.

2. Pursuant to Section 12.24 U.24 of the Municipal Code, a Conditional Use to permit the continued operation of a private swim school in the R1 Zone.

CPC-2012-1535-CU 1 1846 Kling Street

RECOMMENDED 1. Approve the Conditional Use to permit the continued use of a private swim school ACTIONS in the R1 Zone, with the attached conditions of approval; and

2. Adopt Categorical Exemption No. 201 2-1 536; and 3. Adopt the attached Findings

Michael J. LoGrande

ADVICE TO PUBLIC: The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, 200 North Spring Street, Los Angeles, CA 90012 (Phone No. 213-978-1300). While all written communications are given to the Commission for consideration, the initial packets are sent to the week prior to the Commission's meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to this programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (21 3) 978-1 300.

CPC-2012-1535-cu 1 1846 Kling Street

TABLE OF CONTENTS

Project Background and Analysis .................................................................... B-I

Project Summary Background Hearing Officer Comments and Conclusion

Conditions of Approval

Conditions .............................................................................................................. C-I

Findings ................................................................................................................. F-I

General PlanICharter Findings Entitlement Findings CEQA Findings

Public Hearing and Communications ................................................................. P-I

Exhibits:

A - Maps and Photos

A-1 - Vicinity Map A-2 - Radius Map A-3 - Aerial Photo A-4 - Existing Site Photos A-5 - Zimas Parcel Profile Report

B - Project Plans

B - Site Plan

C - Environmental Clearance


PROJECT BACKGROUND AND ANALYSIS

Proiect Summarv

The proposed project is the application for a Conditional Use to permit the continued use and operation of a private swim school that has been in operation since 1987 on a property with a single-family residence. No new construction is proposed at this time and the school will continue to utilize the existing two (2) swimming pools.

The proposed project is located on a 19,237 square-foot site on the south side of Kling Street east of Radford Avenue. The site is within the North Hollywood -Valley Village Community Plan and the Valley Village Specific Plan area, has a land use designation of Low Residential, and is zoned R1-I. The site is developed with a single-family residence, an accessory structure, a two- car carport, nine uncovered parking spaces, bathroomlchanging room, and two (2) swimming pools.

Properties to the north of the subject site are zoned R1-I and are improved with single-family dwellings. Directly west of the subject site are four (4) properties that are developed with single- family residences and zoned R1-I. East of the subject property are three (3) single-family residences in the R1-I zone that are separated from the subject site by a private street along the eastern lot line. Directly south of the subject property is a vacant R1 zoned parcel that is under different ownership and approximately 150 feet south of the subject property line is the Ventura Freeway. In between the freeway and the vacant R1 lot is a vacant PF zoned property that is planted with dense grouping of trees of unknown type. The abutting property to the west is the only adjacent property with a swimming pool. However, within 500 feet of the subject property, 10 single-family homes (including the western abutting house) have a swimming pool.

Hours of Operation The proposed hours of operation for the swim school are Monday through Friday 9:00 a.m. to 1.00 p.m. and 2:00 p.m. to 6:00 p.m., and on Saturday from 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 5:00 p.m. Up to six (6) private lessons will be held at one time during the weekdays and up to four (4) private lessons will be held at one time on Saturday. "MommytDaddy and Me" lessons with up to six (6) motherstfathers and six (6) kids will be held no more than three (3) times a week. "Pre-Swim Team" lessons with up to 12 students and two (2) teachers will be held for 40 minutes at a time, no more than three (3) times per week between October and May. No more than three (3) one-on-one lessons shall be permitted in the other swimming pool at the same time as "Pre-Swim Team" or "MommyIDaddy and Me" lessons. The maximum possible number of people on-site (15 students and five (5) teachers, plus any observing parents) will occur when three (3) one-on-one lessons and a fully attended "Pre-Swim Team" session occur at the same time.

Background

Subject Property:

Legal Description: Lot A, Parcel Map 6881.

Existing Land Use: The site is presently developed with single-family residence and an accessory structure, a two-car carport, bathroomlchanging room, and two covered swimming pools and nine (9) uncovered parking spaces.

Plan Land Use: The North Hollywood - Valley Village Community Plan designates the site as Low Residential.


Existina Zone: The site is zoned R1-I

Site Gross Lot Area: The site consists of one parcel that is approximately 79 feet wide and approximately 260 feet deep, totaling approximately 19,237 square feet.

Surrounding UseslZones:

Adioinina and Abutting properties are detailed in the following table:

I West I Single-Family Residences I R1-I

Nearby properties within 500 feet are detailed in the fallowing table:

I West I Single-Family homes and Multi-Family structures I R1-I and R3-1

Street Designations and General Circulation:

Kling Street, is a Collector Street with a dedicate width of 60 to 62 feet.

Radford Avenue, is a Secondary Highway with a dedicated width of 80 feet.

The Ventura Freeway is to the south of the property.

Related Cases:

Relevant zoning-related actions for, or affecting, the subject property include the following:

ZA-1989-1041-CUZ: On January 16, 1989, the Zoning Administrator denied a request for the continued use and maintenance of a private swimming school operated by Jim Herrick on the site located behind the single-family dwelling based mainly on the finding "that the location is not proper in relation to adjacent uses or development of the community and to the various elements and objectives of the General Plan."

BZA-1989-4172-PAD: On May 22, 1990, the Board of Zoning Appeals (BZA) granted the applicant's appeal of ZA-1989-1041-CUZ, which denied a conditional use to continue operating a private swimming school on a R1-I lot. The conditional use was approved to permit the use for a period up to two (2) years (until May 22, 1992).

BZA-1989-4516-CUZ: As required by the City Council's granting of the appeal of BZA-1989- 4172-PAD, the applicant filed for a Plan Approval to extend the Conditional Use beyond the initial one year. In addition, the applicant requested modifications to the existing conditional use and a reduction in the lot area.


On October 31, 1991, the Zoning Administrator denied the extension of the Conditional Use Permit and the modifications to the existing Conditional Use Permit. However, after the applicant's appeal of the decision, the Board of Zoning Appeals granted the appeal on January 29, 1992 and extended the Conditional Use Permit for 18 additional months (valid until July 29, 1993) but denied the requested modifications to the Conditional Use Permit and the reduction in lot area.

CF-90-1261: The applicant then appealed the Board of Zoning Appeals approval in order to address the site reduction denial and to request a further extension of time. On July 20, 1992, the City Council partially approved an appeal of BZA-1989-4516-CUZ and permitted the conditional use permit to be valid until September 30, 1993 subject to the conditions of Approval imposed by BZA-1989-4172-PAD on appeal, including the requirement to file for a Plan Approval.

ZA-1993-806-PAD: On January 28, 1994, the Zoning Administrator denied a Plan Approval to permit a private swim school in the R1-I zone.

BZA-1993-4948-PAD: On April 13, 1994, the Board of Zoning Appeals granted the applicant's appeal of a Zoning Administrator's Determination for ZA-1993-806-PAD that had denied a conditional use to permit a private swim school in the R1-I zone. The BZA approved the conditional use permit with a five (5) year (until April 13, 1999) extension subject to additional conditions.

Reports Received:

No reports have been received at this time.

Hearing Officer Comments and Conclusion

Proarams According to the applicant, the current schedule and hours of operation does not exceed the subject request and as a result, the Conditional Use is not requesting an increase in intensity than is currently demanded and accepted by the surrounding community for several years now. As of October 3, 2012, the website for the Jim Herrick Swim School lists a variety of different swim programs, all of which are included in the instant request. These include private on- and off-site swim lessons, MommyIDaddy and Me and Pre-Swim Team classes. The site advertises that the MommyIDaddy and Me classes will be held for 30 minute sessions at the following times: Tuesday 9:20 a.m., Friday 10:OO a.m. and Saturday 12:40 p.m. The Pre-Swim Team sessions would be held for 40 minutes at a time from October to May, three (3) times a week at the following times: Tuesday, Thursday, and Friday - 5:20 p.m. - 6:00 p.m. The site also mentions that the school may be offering CPR and Lifeguard training, but as of now according to the applicant's representative, these two programs are not part of the request. Lastly, the website notes that the Pre-Swim Team program holds an "end of the season" party to honor the students. According to the applicant's representative, this party is held off-site and that no special events are held at the subject site.

Case Historv In 1965 Jim Herrick established a swim school and in 1987 he relocated the business to its current site without a Conditional Use Permit. In 1989 a former adjacent neighbor filed a complaint with Building and Safety regarding the operation of the swim school in the R1 zone


and a notice to comply was issued to the current applicant's father, Jim Herrick. As a result, the property owner applied for a Conditional Use Permit in 1989.

For a period of five (5) years subsequently, the Jim Herrick swim school went through a lengthy process of decision making with the City Planning Department, the Board of Zoning Appeals and the City Council, in order to ultimately have the Conditional Use Permit approved to permit operating the swim school until 1999 (as a result of the five year extension approved by the Board of Zoning Appeals in BZA-4948 as noted in the above case history). The last Conditional Use issued had limited the swim school to operate Monday through Friday, from 9 a.m. to 6 p.m. with a two hour lunch and a cap of no more than four (4) students on-site at time. In addition, as a result of multiple appeals, several conditions of approval were adopted to satisfy one westerly allegedly "aggrieved" neighbor. For example, the trees along the length of the pool, the two-hour lunch, and no weekend lessons were all conditions intended to appease the neighbors' concerns.

In summary, during this five-year case processing period, the Zoning Administrator historically initially denied the request for the conditional use and the applicant or abutting neighbor would then appeal the denial, or the approval in the case of the neighbor, to the Board of Zoning Appeals or to City Council, where the BZA or City Council would then approve the conditional use for a short period of time. During this process, the main opposition was from the abutting property owner at 4640 Radford Avenue and the Valley Village Homeowners Association. The aggrieved neighbor had concerns regarding noise and privacy and the Homeowners Association had concerns regarding having a commercial use in a single-family neighborhood.

However, since the last approval in 1994, the applicant and his family have satisfied most of the required conditions of approval of the previous conditional use permits issued. That being said, the applicant's father, Jim Herrick, did not seek further approval for the Conditional Use after 1999, nor when the intensity of operations changed, and has since passed away. As a result, Mr. Herrick's two children are now trying to legalize the non-conforming use.

At this time, according to the applicant's representative, extensive outreach to the surrounding community has been done and they have received support for the continued use of the school from the community. The aggrieved neighbor has since relocated, and the other abutting neighbors are in support of the subject project. Furthermore, the Valley Village Neighborhood Council and Council District 2 are in support of the continued use of the swim school. However, as the number of students has increased from the previous Conditional Use approval (from four (4) students to as many as 15 students), additional conditions should be included in the new Conditional Use Permit to mitigate any potential harmful actions not taken into consideration beforehand.

Site Observations Screening Along the majority of the western property line there is a block wall that varies from six (6) to eight (8) feet in height. Next to the western block wall adjacent to the west pool, there is an approximately two-foot wide planter with nine (9) Fern Pines that are currently approximately 18 feet in height. Along the eastern and southern property lines, there are wooden fences and trees planted along the property lines. Lastly, the two pools are covered with removable canopies that also provide vertical screen enclosures to limit any noise, air and weather impacts.

Noise As the project includes the potential to have as many as 15 students and five (5) teachers on- site, as well as any observing parents, there may be a potential concern for noise for the


surrounding neighbors. However, as the site is located in close proximity to the Ventura Freeway, the noise from the freeway muffles most noise from the site. In addition, the screening elements such as the enclosed canopies and the row of trees along the property lines serve to reduce the emanation of noise to the adjoining properties. Lastly, as conditioned herein, limitations on the use of amplified noise, including megaphones during the Pre-Swim Team sessions, is prohibited on-site and signs will be posted to inform students and visitors to be mindful of the neighbors and to keep noise to a minimum.

Parking The operation of a swim school with as many as 15 students present at time will require adequate on-site parking or else off-site parking may be a concern for the surrounding residences. However, as the project currently has eleven spaces on-site, the site could easily accommodate the school's operational peak when parents are dropping students off for the Pre- Swim Team session and also parking on-site for the one-on-one lessons sufficiently.

Lighting Currently, there are some low-level lights located in the driveway, parking area and pool areas, as noted in Exhibit B. According to the applicant, the lighting is not directed at any of the adjacent residences and the pool area lights are turned off within one hour of closing during the winter months and during the summer months it is not necessary to use the lights.

Air Quality As the site is within 200 feet of the Ventura Freeway, there may be a negative impact on air quality for the staff andstudents. However, research has shown that having a foliage buffer -in close proximity to the freeway filters air particulates and limits exposure to pollution. As there is an existing approximately 60-foot deep parcel of land densely planted with trees between the freeway and the vacant lot to the south, the potential impact will be minimal as those trees would aid in air filtration. In addition, the pools can be enclosed with plastic sheathing to limit exposure to particulates carried by wind. Lastly, if the applicant were to plant tall, evergreen, low biogenic volatile organic compound trees such as Italian Cypress, Southern Magnolia, Holly or Coast Live Oak in the rear portion of the yard, the pollutants would be further reduced.

Conclusion:

Planning staff agrees with the Valley Village Neighborhood Council, Council District 2 and the surrounding community in recommending approval of the project, as conditioned. With the new conditions of approval, the subject project is compatible with the surrounding areas and will provide a valuable service to the community. However, staff does recommend periodic review of the conditional use in light of any changes in the operations or the surrounding community, and that the use be required to obtain a Plan Approval in order to assess these changes. In conclusion, staff recommends approval of the Conditional Use.


CONDITIONS OF APPROVAL

A. Entitlement Conditions

1. Use. The use of the Property shall be limited to a private swim school. Any modification to this grant shall be subject to a new entitlement application pursuant to Section 12.24 of the Municipal Code.

a. While this authorization is in effect, there shall be no other activity or use, other than as a private residence, of the property and the character of the one-family dwelling shall be maintained, including the exterior fa~ade, landscaping, fences, wall, lawn area and trees in an attractive condition at all times.

2. Site Plan. The use and development of the subject property shall be in substantial conformance with the site plan labeled Exhibit B. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization.

3. Hours of Operation. Monday through Friday 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 6:00 p.m., and on Saturday from 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 5:00 p.m.

4. Program Restrictions. Classes are limited to private on- and off-site lessons, MommylDaddy & Me, and Pre-Swim Team as follows:

a. Up to six (6) private lessons will be held at one time during the weekdays and up - to four (4) private lessons will be held at one time on Saturday. .

b. "MommylDaddy and Me" lessons with up to six (6) motherslfathers and six (6) kids will be held no more than three (3) times a week.

c. "Pre-Swim Team" lessons with up to 12 students and two (2) teachers will be held for 40 minutes at a time, no more than three (3) times per week between October and May.

d. "Pre-Swim Team" lessons shall not occur prior to 10 a.m. on Saturday.

e. Private lessons shall not be longer than 30 minutes.

f. No more than three (3) one-on-one lessons shall be permitted in the other swimming pool at the same time as "Pre-Swim Team" or "MommylDaddy and Me" lessons.

g. No special events associated with the swim school shall be held on the premises.

5. Parking. a. Parking shall be provided per the provisions of Section 12.21 A of the Municipal

Code and as shown on Exhibit B to the satisfaction of the Department of Building and Safety and the Department of Transportation.

b. That all parents and other parties engaged in transporting students to and from the premises be instructed to park within the required off-street parking area so that no student shall be required to board or leave from a vehicle within a public street space.


6. Lighting. All lighting shall be shielded and downward facing and/or pedestrian lighting along walkways. No floodlighting shall be located so as to shine directly onto any adjacent residential property. This condition does not preclude the installation of low- level security lighting.

7. Occupancy. The applicant must be the principal resident on the site.

8. Sound AmplificationlNoise Control. a. No outdoor public address system shall be installed or maintained on the subject

property. No use of megaphones shall be used on-site. Radio or other recorded music used in connection with any activity be sufficiently moderated so as to not be disturbing or detrimental to persons residing in the immediate vicinity.

b. Signs shall be posted in the pool and patio areas advising parents and children to be mindful of adjacent neighbors and to keep noise to as low a level as possible.

9. Signage. No business identification signs that are viewable from Kling Street shall be installed on-site.

10. Plan Approval. In order to provide for reexamination of the matter in light of any changed conditions in the neighborhood or operation of the center, and if the applicant or owner of the land wishes to continue operation as herein authorized, a Plan Approval shall be filed within ten (10) years of this approval. The purpose of the Plan Approval shall be to review the effectiveness of, and the level of compliance with, the terms and conditions of this grant and any documented noise impacts from the athletic activities on the surrounding residential properties. Upon review of the effectiveness of and compliance with the condition, the Director of Planning shall issue a determination. Such determination may modify the existing terms and conditions, add new terms and conditions, or delete one or more of them, all as deemed appropriate. Said application must be filed no later than three months prior to the expressed date. The application shall be accompanied by the payment of appropriate fees as governed by Section 19.01- I of the Los Angeles Municipal Code, and must be accepted as complete by the Planning Department public counter. The completed application shall be accompanied by the following:

a. Tenantiowner notice labels for the adjoining properties and include individuals on the interested parties list related to the subject authorization.

b. The number of students on-site at a time.

c. Physical modifications involving expansion or change of use or location.

d. Operational changes to the school such as hours of operation, parking policy.

e. The Plan Approval shall require a public hearing if deemed necessary by the Director of Planning.

16. Landscape Plan. Prior to permit sign-off, a landscape plan shall be submitted showing: a. The existing landscaping maintained along the east side of the block wall which

is located along the west property line so as to protect the privacy of, and buffer noise impacts on the adjacent properties to the west.

b. At least three (3) trees planted along the southern property line to provide screening and air filtration. These trees shall be low biogenic volatile organic


compound trees, evergreen in nature, 2 4 box size and 15 feet tall at the time of planting, and have the capacity to grow to a height of 40 feet. These trees may include such trees as such Italian Cypress, Southern Magnolia, Holly or Coast Live Oak.


B. 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 R1-I 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.

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.

CPC-2012-1535-CU 11846 Kling Street

one lessons at one time or up to a twelve student "Pre-Swim Team" session with three (3) private lessons at one time, (3) limitations on special events, (4) requirements to ensure all student drop-off and pick-up occur on-site, (5) restrictions on night lighting (with allowance for low-level security) and (6) restrictions on noise. As a result, any potential impacts generated by the proposed use will be adequately regulated by the conditional use provision of this grant.

Lastly, in the application, the applicant requested that the Conditional Use permit be authorized in perpetuity. However, while the request is valid, as a result of the change in operations since the previous Conditional Use permits in the 1980s and 1990s, periodic review is still needed and as conditioned herein, a Plan Approval is required after ten (10) years. The conditions of approval herein establish a protective measure for the neighbors and clearly define the operation parameters of the land use. Many of the conditions are operational and will continue to protect the community only if the applicantloperator continues to act responsibly to issues that could adversely impact the community. A change in ownership, characteristics or needs of the students, methods of operation or surrounding environment could reverse the positive history of the facility. The previous authorization was for a period of five (5) years and the applicant has operated in a successful manner whereby the City should consider extending the period of review. Therefore, Planning staff recommends another review in ten (10) years in order to assess the project's compatibility with the surrounding community.

3. That the project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any a'pplicable specific plan.

The purpose of the various elements and objectives of the General Plan is to promote coherent development ensuring compatibility between land uses, development, and the environment. Here, the proposed project is consistent with the General Plan's land use designation of Low Residential and those uses permitted in the R1 zone, as provided by the Conditional Use provisions of the Code.

For over 20 years the Property has accommodated a swim school, and as previously approved, has been designed to harmonize with existing uses and development in the surrounding area. In addition, under the current request, the primary use of the site remains, and appears, as a single-family residence for one of the owner's of the swim school. No new construction, remodeling or improvements are proposed and the use shall be maintained as it has been for decades and conditioned to minimize impacts on the immediate neighborhood. Given the conditions of approval, the project's design and history of such uses occurring on the site and in the immediate vicinity, the proposed use conforms with the General Plan and the Valley Village Specific Plan.

B. CEQA Findings On June 12, 2012 the project was issued a categorical exemption, ENV-2012-1536-CE pursuant to City CEQA Guidelines (Art. Ill, Section 1) Class 1, Category 22, and was determined not to have an adverse effect on the environment.


PUBLIC HEARING AND COMMUNICATIONS

Public Hearing

The public hearing was held at the Marvin Braude Constituent Service Center in Van Nuys, California, on Monday, August 20, 2012. The hearing was attended by five (5) persons, including the applicant and representative. No one who attended the public hearing spoke in opposition to the project.

Communications Received (Internal)

None.

Communications Received (External)

On August 1, 2012 the representative for the project submitted photographs showing the planting of mature trees along the western property line. In addition, the applicant presented a letter with draft conditions of approval on August 17, 2012.

A letter from the Valley Village Neighborhood Council was received on September 26, 2012 approving the subject project with a unanimous vote. In addition, staff received three letters from residents on Kling Street expressing their strong support of the continued operation of the swim school.

Summary of Public Hearing Testimony

The applicant and representatives described the proposed project and how it will relate to the surrounding neighborhood. The representative stated that he had been the original representative for the Conditional Use application in 1989. He stated that at that time, the western abutting neighbor had concerns regarding the conditional use and that specific conditions were included in the original CUP to rectify their concerns. The Representative stated that the school has been in operation for 25 years and that he was not aware of any opposition to the continued operation of the swim school. He said that the Neighborhood Council was in support and that the project is compatible with the surrounding uses. He then mentioned that they had submitted draft findings and conditions of approval to Planning staff as well.

The owner of the property, Dylan Herrick, then spoke in support of the project. He stated that he and his sister wished to carry on their father's swim school as he had recently passed away. He said that his sister lives on the property and that he lives near the site. When their father passed away last fall, they realized that he had not extended the approved conditional use that expired in 1999 and they wished to legalize the non-conforming use. He requested that the conditional use be granted for the longest possible time limit possible to ensure certainty of use. He said that he has spoken to all the abutting neighbors and all were in support of the continued operation of the swim school.

One neighbor spoke in support of the project and praised the school for teaching his son and others how to swim.

Lastly, CD 2 representative Karo Torossian testified in support of the proposed project stating that the Council office has had no complaints regarding the existing swim school for over 12 years. He asked that the conditional use be granted for the longest possible time limit possible to ensure certainty of use.

CPC-2012-1535 -CU 1 1846 Kling Street

EXHIBIT A-I

VICINITY MAP

1 1846 Kling St, Valley Village, CA 9 1607-401 0 Page 1 of 2

YAHOO!~ MAPS

11 846 Kling St, Valley Village, CA 91607-4010


EXHIBIT A-2

RADIUS MAP


AERIAL PHOTO


EXHIBIT A-4

EXISTING SITE PHOTOS


Subjc -- -- . .ewed from Kling Street

Subject Site as viewed from Kling Street showing a landscape buffer on the western property line.


View of subject site from the private street on the east side of the subject property.


Backyard of subject site looking southwest.

Backyard of subject site looking northeast.


Interior of western pool.

Interior of eastern pool.


Looking east to\ dense landscape b

the site on Radford Avenue : - he Ventura Free - howing !r between the freeway and adjacent properties.

Looking west on Radford Avenue along the Ventura Freeway showing dense landscape buffer between the freeway and adjacent properties.


EXHIBIT A-5 ZlMAS PARCEL PROFILE REPORT

- None

PIN Number

LotlParcel Area (Calculated)

Thomas Brothers Grid

Assessor Parcel No. (APN)

Tract

Map Reference

Block

Lot

Arb (Lot Cut Reference)

City of Los Angeles Department of City Planning

1011 21201 2 PARCEL PROFILE REPORT

168B169 1067 19,237.0 (sq ft)

PAGE 562 - GRID G4

2355016061

P M 6881

BK 281-5768

None

A

None

16881 69

Community Plan Area

Area Planning Commission

Neighborhood Council

Council District

Census Tract # LADES District Oflice

South Valley

Valley Village

CD 2 - Paul Krekorian

1433.00

Van Nuve

Special Notes N& Zoning

Zoning lnformation (ZI)

General Plan Land Use

General Plan Footnote(s)

Hillside Area (Zoning Code)

Baseline Hillside Ordinance

Baseline Mansionization Ordinance

Specific Plan Area

Special Land Use I Zoning

Design Review Board

Historic Preservation Review

Historic Preservation Overlay Zone

Other Historic Designations

Other Historic Survey lnformation

Mills Act Contract

POD - Pedestrian Oriented Districts

CDO - Community Design Overlay

NSO - Neighborhood Stabilization Overlay

Streekcape

Sign District

Adaptive Reuse Incentive Area

CRA - Community Redevelopment Agency

Central City Parking

Downtown Parking

Building Line

500 Ft School Zone

500 Ft Park Zone

R1-1

ZI-1022-TT

Low Residential

Yes

No

No

Yes

Valley Village

None

No

No

None

None

None

None

None

None

No

No

No

None

None

No

No

None

No

No

Thls report Is subject to the terms and condlkns as set forth on the webgie. For more details, please refer to Ule terms and conditions at zlmas.laclty.org (') - APN Area Is provided 'as V fFMn the Los Angeles County's PuMk Works, Flood Control, Ben& Assessment.

Assessor Parcel No. (APN) 235501 6@Bl

Ownership (Assessor)

Owner1

Address

Ownership (City Clerk)

Owner

Address

APN Area (Co. Public Works)'

Use Code

Assessed Land Val.

Assessed Improvement Val.

Last Owner Change

Last Sale Amount

Tax Rate Area

Deed Ref No. (City Clerk)

Building 1

Year Built

Building Class

Number of Units

Number of Bedrooms

Number of BaUlrooms

Building Square Footage

Building 2

Building 3

Building 4

Building 5

HERRICKJAMES D

1 1846 KLING ST VALLEY VLG CA 91607

HERRICK, JAMES

11846 KLING ST. NORTH HOLLYWOOD CA 91607

0.441 (ac)

0101 - Single Residence with Pool

$239,408

$240,505

07/31/00

$0

13

9-1 90-3

626201

287176

2-255

2-253

1998359

18751 5

124699

4

2

2,364.0 (sq fl)

No data for building 2



No data for building 5 - - - -- Addltlonal Information

Airport Hazard

Coastal Zone None

Farmland Area Not Mapped

Very High Fire Hazard Severity Zone No

Fire District No. 1 No

Flood Zone None

Watercourse No

Hazardous Waste I Border Zone Properties No

Methane Hazard Site None

High Wind Velocity Areas No

S~ecial Gradina Area (BOE Basic Grid M ~ D A- No

Active Fault Near-Source Zone

Nearest Fault (Distance in km) 2.806849

Nearest Fault (Name)

Region

Fault Type

Hollywood Fault

Traverse Ranges and Los Angeles Basin

B This report Is subject to the terms and conditions as set forth on the website. For more details, please r e k to the t e rn and conditions at zlmas.lacity.org

(') - APN Area is provided 'as is" from the Los Angeles County's Publlc Works, Flood Control, Beneflt Assessment.

Slip Rate (mmlyear)

Slip Geometry

Slip Type Down Dip Width (km)

Rupture Top

Rupture Bottom

Dip Angle (degrees)

Maximum Magnitude

Alquist-Priolo Fault Zone

Landslide

Liquefaction

Lefl Lateral - Reverse - Oblique

Poorly Constrained

14

0

13

70

6.4

No

No

Yes

Tsunami Inundation Zone NO

Economic Development

Business Improvement District bkile

Renewal Community No

Revitalization Zone None

State Enterprise Zone None

State Enterprise Zone Adjacency No

Taraeted Neiahborhood Initiative None

P d i a Information

Bureau

Division I Station Reporting Dislrld

Fire Information

Division

Batallion . DIstM 1 Flre Station

Red Flag RestrWd Parking

Valley

North Hollywood

1553

This report Is subject to the t e r n and conditions as set forth on the webslte. For more details, please refer do the terms and conditions at zimas.laclty.org v) - APN Area is provided .as Isw from the Los Angeles County's Public Works, Flood Conbd. Beneflt Assessment.

zirnas.lacity.org I cityplanning.lacity.org

CASE SUMMARIES Note: Information for case summaries is retrieved from the Plannlng Deparhnent's Plan Case Tracking Syste-- '---3) databass.

Case Number: -~~-2012-1 535-cu

uired Action@): CU-CONDITIONAL USE

Project Desaiptions(s): CONDITIONAL USE PERMIT, PURSUANT TO SECTION 12.24U24C TO PERMIT THE CONTINUE THE USE AND OPERATION OF A PRIVATE SWlM SCHOOL AT A SINGLE FAMILY DWELLING RESIDENCE (ALL IMPROVEMENTS EXIST, NO CONSTRUCTION ACTIVITIES)

Case Numbe LA-1 989-1 0 4 1 - C U ~ - - - Required Action(s): CUZ-ALL OTHER CONDITIONAL USE CASE

Pmiect Descri~tions(s): TO PERMIT THE CONTINUED USE AND MAINTENANCE OF A RECREATIONAL CENTER PROVIDING NEIGHBORHOOD AND . , COMMUNITY SWIMMING INSTRUCTIONAL OPPORTUNITIES IN THE R1-1 ZONE -

Case umbel -- iNV-2012-1536-CE - I Required Action(~): CE-CATEGORICAL EXEMPTION

Project DescripUons(s): CONDITIONAL USE PERMIT, PURSUANT TO SECTION 12.24U24C TO PERMIT THE CONTINUE THE USE AND OPERATION OF A PRIVATE SWlM SCHOOL AT A SINGLE FAMILY DWELLING RESIDENCE (ALL IMPROVEMENTS EXIST, NO CONSTRUCTION ACTIVITIES)

DATA NOT AVAILABLE BZA-4516

BZA-4 172

PPM-4556

PPM-6608

AFF-14461

This repoll Is subject to the t e r n and wndnions as set forlh on the website. For more details, please refer to the terms and wnditlons at zlmas.lacity.org (') - APN Area Is provided 'as is' from the Los Angeles County's Public Works, Flood Control, Ben& Assessment.

zimas.lacity.org 1 cityplanning.lacity.org


EXHIBIT B

SITE PLAN

(E)

DET

AC

HED

G

ARAG

E


EXHIBIT C

ENVIRONMENTAL CLEARANCE

f 2 O U W CLERKS USE - CITY CLERK'S USE OFFICE W THE C W CLERK

ROOM 306, CITY HALL LO8 ANOELEB, CALIFORNIA BOO12

CAUFORNlA WIRONMENTAL QUALITY ACT

NOTICE OF EXEMPTION

* 11846 Wmg Shget (APN 235501W61). Valley W l w , CA 91607 DESCRIPTION OF NATURE. PURPOSE. AND BENEFICIARIES OF PROJECT: I NAME OF PERSON OR AGENCY CARRYING OUT PROJECT, IF OTHER THAN LEAD CITY AGENCY: 1(

AREA CODE I TELEPHONE NUMBER % 933-0200

I 207

EXEMPT STATUS: (Check Ona) 91436

CITY CEQA STATE EIR QUI DELINES QUIDELINE

0 MINISTERIAL Art. Ill, Seo. 2b Sac. 15268

n DECLARED EMERGENCY Art. Ill, Sea 2e (1) Seo. 15268

EMERGENCY PROJECT ~ r t 111, SBC. 2a (2) a (3) Sec. 15269

0 GENERAL EXEMPTION M. Ill, Sec: 1 Sec. 15061 (b) (3)

(/ CATEQORIGAL EXEMPTION Arl. Ill, Sea. 1 Sm. 15300 el Seq.

Class 1 Category 22 (CRY CEQA Quidellnes)

I FEE:

0 0 T H . e (See Public Resources Code Sec. 21080 and set forth,state and cl& guideline provlrlon. .

JUSTIFICATION FOR PROJECT EXEMPTION; Granting or renewal of a varlanoe or mnditlonal use for a nonslgnlfiwr~t change of use in en exlstlng faolllty.

IF FILED BY APPLICANT, ATTACH CERTIFIED DOCUMENT OF EXEMPllON FINDING.

Form Qen. 163 (Rev. 6-90) (Appandk A) (C.S. 4198) (P.c. 5/62)

THE APPLICANT CERTIFIES THAT HE OR SHE UNDERSTANDS THE FOLLOWING: Completion of thls form by an employee of the CHy constitutes onjy a staff recommendation hat an exemption from CEQA be grantad. A N~tloe of ExemptJon Is only effective If, afler a publlo revtew and any required publlo hearings, it Is adopted by the Clty agency havlsg final Jurlsdldlon (Including any appeals) over the pmjed appllcatlon. If a CEQA exemption Is found inapproprlde, preparation of a Negative Deolaration or Environmental lmpad Report wlll be required. IF THE INFORMATION SUBMIlTED BY THE APPLICANT IS INCORRECT OR INcOMPL.E~S SUCH ERROR OR OMISSION COULD INVALIDATE ANY CIN~ACTIONS ON THE PROJECT, INCLUDIN(3 CEQA FINDINOS.

DATE BIGNATURE

# Dylan Herrick NAME (PRINTED)

TITLE

department of city planning recommendation report · applicant: dylan herrick, jim herrick swim...

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