ORDINANCE NO. _

An ordinance amending Section .12.04 of the Los Angeles Municipal Code byamending the zoning map.

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

Section 1. Section 12.04 of the Los Angeles Municipal Code is hereby amendedby changing the zones and zone boundaries shown upon a portion of the zone mapattached thereto and made a part of Article 2, Chapter 1 of the Los Angeles MunicipalCode ..so that such portion of the zoning map shall be as follows:

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DATA SOURCEs: DEPARTMENT OF CITY PLANNING.DEPARTMENT OF BUILDING& SAFETY-BUREAU OF ENGINEERING

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(Q) QUALIFIED CONDITIONS OF APPROVAL

Pursuant to Section 12.32.G of the Municipal Code, the following limitations are hereby imposedupon the use of the subject property, subject to the "Q" Qualified classification.

A. Entitlement Conditions

1. Use. The use of the subject property shall be limited to those uses permitted in the C4Zone as defined in Section 12.16.A of the L.A.M.C.

2. Site Plan. Prior to the issuance of any permits for the subject project, detaileddevelopment plans, including a complete landscape and irrigation plan shall besubmitted for review and approval by the Department of City Planning for verification ofcompliance with the imposed conditions. The plan shall be in substantial conformancewith the plot plan labeled as Exhibit "E-2" stamped and dated February 26, 2009,attached to the subject case file. Minor deviations may be allowed in order to complywith provisions of the Municipal Code, the subject conditions, and the intent of thesubject permit authorization.

3. Height. No building or structure located on the subject property shall exceed a height of186 feet and in substantial conformance with the elevation plan labeled as Exhibit "E-2"stamped and dated February 26, 2009, pursuant to Section 12.21.1 of the MunicipalCode.

4. Guest Rooms. Not more than 225 hotel rooms may be constructed on the subject site.

5. Parking. All project related parking shall be provided in compliance with Section12.21.A.4 of the Municipal Code and the following:

a. Provide a minimum one parking space for each of the first 30 rooms, one spacefor every two of the second 30 rooms, and one space for every three roomsthereafter.

b. In addition, prior to issuance of a building permit, a parking plan showing off-street parking spaces, as required by the City Planning Commission, shall besubmitted for review and approval by the Department of City Planning (200 No.Spring Street, Room 750)

B. Other Conditions

6. Construction Related Parking. Off-street parking shall be provided for all construction-related employees generated by the proposed project. No employees or subcontractorshall be allowed to park on surrounding residential streets for the duration of allconstruction activities. There shall be no staging or parking of heavy constructionvehicles on the surrounding street for the duration of all construction activities. Thereshall be no staging or parking of construction vehicles, including vehicles that transportworkers on any residential street in the immediate area. All construction vehicles shallbe stored on site unless returned to the base of operations.

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7. Truck Traffic Restricted Hours. Truck traffic directed to the project site for the purposeof delivering materials or construction-machinery shall be limited to the hours beginningat 9:00 AM and ending at 4:00 PM, Monday through Friday. No truck deliveries shalloccur outside of that time period. No truck queuing related to such deliveries to theproject site shall occur on any local or collector street within the project vicinity outside ofthat time period.

8. Construction Traffic. Prior to the start of construction, a construction work site trafficcontrol plan shall be submitted to the Department of Transportation for review andapproval. The plan shall show the location of any roadway or sidewalk closures, trafficdetours, haul routes, hours of operation, protective devices, warning signs and access toabutting properties, if applicable.

9. Loading. Loading and unloading activities shall not interfere with traffic on any publicstreet. Public sidewalks, alleys and/or other public ways shall not be used for theparking or loading or unloading of vehicles. The location of loading areas shall be clearlyidentified on the site plan to the satisfaction of the Department of City Planning.

10. Maintenance. The subject property including associated parking facilities, sidewalks,outdoor pool areas, and landscaped planters adjacent to the exterior walls along theproperty lines shall be maintained in an attractive condition and shall be kept free oftrash and debris. Trash receptacles shall be located throughout the site.

11. Dust Walls. Temporary dust walls (e.g., Visqueen plastic screening or other suitableproduct) not less than 8 feet in height shall be installed and maintained along theproperty line between the site and adjoining residential lots as necessary to precludedust dispersion from the project site to adjacent homes.

12. Community Relations. A 24-hour "hot-fine" phone number for the receipt ofconstruction-related complaints from the community shall be provided to immediateneighbors and the local neighborhood association, if any. The applicant shall berequired to respond within 24-hours of any complain received on this hotline.

13. Posting of Construction Activities. The adjacent residents shall be given regularnotification of major construction activities and their duration. A visible and readablesign (at a distance of 50 feet) shall be posted on the construction site identifying atelephone number for inquiring about the construction process and to registercomplaints.

C. Environmental Conditions

14. Air Quality (Construction and Operation).

a. The Project developer shall implement measures to reduce the emissions ofpollutants generated by heavy-duty diesel-powered equipment operating at theProject Site throughout the project construction phases. The Project developershall include in construction contracts the control measures required andrecommended by the SCAQMD at the time of development.

Examples of the types of measures currently required and recommended includethe following:

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1) Keep all construction equipment in proper tune in accordance withmanufacturer's specifications.

2) Use late model heavy-duty diesel-powered equipment at the Project Siteto the extent that it is readily available in the South Coast Air Basin(meaning that it does not have to be imported from another air basin andthat the procurement of the equipment would not cause a delay inconstruction activities of more than two weeks).

3) Use low-emission diesel fuel for all heavy-duty diesel-powered equipmentoperating and refueling at the Project Site to the extent that it is readilyavailable and cost effective in the South Coast Air Basin (meaning that itdoes not have to be imported from another air basin, that theprocurement of the equipment would not cause a delay in constructionactivities of more than two weeks, that the cost of the equipment use isnot more than 20 percent greater than the cost of standard equipment).(This measure does not apply to diesel-powered trucks traveling to andfrom the site.)

4) Utilize alternative fuel construction equipment (i.e., compressed naturalgas, liquid petroleum gas, and unleaded gasoline) to the extent that theequipment is readily available and cost effective in the South Coast AirBasin (meaning that it does not have to be imported from another airbasin, that the procurement of the equipment would not cause a delay inconstruction activities of more than two weeks, that cost of the equipmentuse is not more than 20 percent greater than the cost standardequipment).

5) Limit truck and equipment idling time to five minutes or less.

6) Rely on the electricity infrastructure surrounding the construction sitesrather than electrical generators powered by internal combustion enginesto the extent feasible.

b. The Project Developer shall implement fugitive dust control measures inaccordance with SCAOMD Rule 403. The Project Developer shall include inconstruction contracts the control measures required and recommended by theSCAOMD at the time of development.

Examples of the types of measures currently required and recommended includethe following:

1) Use watering to control dust generation during demolition of structures orbreak-up of pavement.

2) Water active grading/excavation sites and unpaved surfaces at leastthree times daily.

3) Cover stockpiles with tarps or apply non-toxic chemical soil binders.

4) Sweep daily (with water sweepers) all paved parking areas and stagingareas.

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5) Provide daily clean-up of mud and dirt carried onto paved streets from thesite.

6) Install wheel washers for all exiting trucks, or wash off the tires or tracksof all trucks and equipment leaving the site.

7) Install wind breaks at the windward sides of construction areas.

8) Suspend excavation and grading activity when winds (instantaneousgusts) exceed 15 miles per hour over a 30-minute period or more.

9) An information sign shall be posted at the entrance to each constructionsite that identifies the permitted construction hours and provides atelephone number to call and receive information about the constructionproject or to report complaints regarding excessive fugitive dustgeneration. Any reasonable complaints shall be rectified within 24 hoursof their receipt.

15. Biological Resources.

a. The project applicant shall post a cash bond or other assurances acceptable tothe Bureau of Engineering in consultation with the Urban Forestry Division andthe decision maker guaranteeing the survival of trees required to be maintained,replaced or relocated in such a fashion as to assure the existence ofcontinuously living trees for a minimum of three years from the date that the bondis posted or from the date such trees are replaced or relocated whichever islonger. Any change in ownership shall require that the new owner post a newtree bond to the satisfaction of the Bureau of Engineering. Subsequently, theoriginal owner's tree bond may be exonerated.

The City Engineer shall use the provisions of Section 17.08 as its proceduralguide in satisfaction of said bond requirements and processing. Prior toexoneration of the bond, the owner of the property shall provide evidencesatisfactory to the City Engineer and the Urban Forestry Division that the treeswere properly replaced, the date of the replacement and the survival of thereplacement trees for a period of three years.

16. Cultural Resources (Historical Resources).

a. If unknown paleontological, archaeological, and/or cultural materials arediscovered during any grading or construction activity, work will stop in theimmediate area. Upon such discoveries, the contractor shall immediately notifythe applicant and the City of Los Angeles. A paleontologist and/or archaeologistshall be consulted to determine the discovery's significance and, if necessary,formulate a mitigation plan, including avoidance alternatives, to mitigate impacts.Work can only resume in that area with approval of the City of Los Angeles andpaleontologist and/or archaeologist.

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17. Geology and Soils.

a. The design and construction of the project shall conform to the Uniform BuildingCode seismic standards, as approved by the Department of Building and Safety.

b. The Project shall comply with the recommendations listed below and also shownon pages 15 through 16 of the Geotechnical Engineering Investigation preparedby Geotechnologies, Inc., August 15, 2006 (included as Appendix B).

1) The Developer shall excavate to remove existing fill and native soilmaterials, prior to the construction of the subterranean parking structurelevels. All foundations may bear in native earth materials found at thelevel of the proposed excavation.

2) Excavation of the proposed subterranean level will require shoringmeasures to provide a stable and dry excavation due to the depth of theexcavation, the nature of the on-site soils, and the proximity of adjacentstructures.

3) Foundations for small outlying structures that are not tied into theproposed residential structure may be supported on conventionalfoundations bearing in native earth materials.

4) Existing fill material and any fill generated during demolition should beremoved during the excavation of the subterranean levels and wastedfrom the site.

5) Excavation and grading activities shall be scheduled during dry weatherperiods. If grading occurs during the rainy season (October 15 throughApril 1), construct diversion dikes to channel runoff around the site. Linechannels with grass or roughened pavement to reduce runoff velocity.

6) Incorporate appropriate erosion control and drainage devices to thesatisfaction of the Building and Safety Department shall be incorporated,such as interceptor terraces, berms, vee-channels, and inlet and outletstructures, as speclfied by Section 91.7013 of the Building Code,including planting fast-growing annual and perennial grasses in areaswhere construction is not immediately planned. These will shield andbind the soil.

18. Hazards and Hazardous Materials.

a. An Asbestos Operations and Maintenance Program shall be developed andimplemented at the Project Site to maintain the asbestos-containing floor tile inplace. Prior to the issuance of the demolition/renovation permits, the applicantshall provide a letter to the Department of Building and Safety from a qualifiedasbestos abatement consultant that no ACMs are present in the buildings. IfACMs are found to be present, they shall be abated in compliance with the SouthCoast Air Quality Management District's Rule 1403, as well as other state andfederal regulations. Specific requirements of Rule 1403 include:

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1) Implementation of a thorough survey of the affected facility prior toissuance of permits for any demolition or renovation activity, includinginspection, identification, and quantification of all friable and certain non-friable asbestos-containing materials.

2) Surveys which include collection and analyses of representative asbestosbuilding material samples, and quantification of these materials forasbestos abatement purposes prior to or during demolition/renovation.

3) Notification of the SCAQMD of the intent to demolish or renovate anyfacility at least ten days prior to commencing with the activity.

4) Removal of all asbestos-containing materials prior to any demolition orrenovation activity that would break up, dislodge, or Similarly disturb thematerial.

5) Use of legally required procedures when removing asbestos-containingmaterials.

6) Placement of all collected asbestos-containing materials in leak-tightcontainers or wrapping.

7) Disposal of asbestos-containing materials as required by applicableregulations.

b. A Lead Based Paint (LBP) Operations and Maintenance Program shall bedeveloped and implemented at the Project Site to maintain the LBP currently inplace. Prior to issuance of permits for any demolition/renovation activity involvinga particular structure, a lead-based paint assessment of the existing structureshall be conducted. Lead-based paint found in any buildings shall be removedand disposed of as a hazardous waste in accordance with all applicableregulations. Such regulations that would be followed during demolition includeConstruction Safety Orders 1532.1 (pertaining to lead) from Title 8 of theCalifornia Code of Regulations, and lead exposure guidelines provided by theU.S. Department of Housing and Urban Development (HUD).

19. Hydrology and Water Quality.

a. Appropriate erosion control and drainage devices shall be incorporated to thesatisfaction of the Building and Safety Department, such as interceptor terraces,berms, vee-channels, and inlet and outlet structures, as specified by Section91.7013 of the Uniform Building Code.

b. The project applicant shall prepare and execute a covenant and agreementsatisfactory to the CRA binding the owners to incorporate structural BMPscontained in the Development BMP Handbook, Part 15, in the PlanningDepartment during the construction of the proposed project in accordance withthe Standard Urban Stormwater Mitigation Plan and/or per manufacturer'sinstructions.

c. All waste shall be disposed of properly. Use appropriately labeled recycling binsto recycle construction materials including: solvents, water-based paints, vehiclefluids, broken asphalt and concrete, wood, and vegetation. Non-recyclablematerials/wastes shall be taken to an appropriate landfill. Toxic wastes must be

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discarded at a licensed regulated disposal site. Sunshine Canyon is the closestlandfill to the Project Site and would be used for waste disposal related to thisproject if adequate capacity is available. However, if not, the closest disposalsite with adequate capacity will be used.

d. Leaks, drips and spills shall be cleaned up immediately to prevent contaminatedsoil on paved surfaces that can be washed away into the storm drains.

e. Pavement shall not be hosed down at material spills. Dry cleanup methods shallbe used whenever possible.

f. Dumpsters shall be covered and maintained. Place uncovered dumpsters undera roof or cover with tarps or plastic sheeting.

g. Where truck traffic is frequent, gravel approaches shall be used to reduce soilcompaction and limit the tracking of sediment into streets.

h. All vehicle/equipment maintenance, repair, and washing shall be conducted awayfrom storm drains. All major repairs shall be conducted off-site. Drip pans or dropcloths shall be used to catch drips and spills.

i. The project applicant shall implement stormwater BMPs to retain or treat therunoff from a storm event producing 3/4 inch of rainfall in a 24-hour period. Thedesign of structural BMPs shall be in accordance with the Development BestManagement Practices Handbook, Part B - Planning Activities. A signedcertificate from a California licensed civil engineer or licensed architect that theproposed BMPs meet this numerical threshold standard is required.

j. Post development peak stormwater runoff discharge rates shall not exceed theestimated pre-development rate for developments where the increase peakstormwater discharge rate will result in increased potential for downstreamerosion.

k. Any connection to the sanitary sewer shall have authorization from the Bureau ofSanitation.

I. Install roof runoff systems where site suitable for installation. Runoff fromrooftops is relatively clean, can provide groundwater recharge and reduceexcessive runoff into storm drains.

m. The project shall paint messages that prohibit the dumping of improper materialsinto the storm drain system adjacent to storm drain inlets. Prefabricated stencilscan be obtained from the Department of Public Works, Stormwater ManagementDivision.

n. All storm drain inlets and catch basins within the project area shall be stenciledwith prohibitive language (such as "NO DUMPING - DRAINS TO OCEAN")and/or graphical icons to discourage illegal dumping.

o. Legibility of stencils and signs shall be maintained by the project property owner.

p. Materials with the potential to contaminate stormwater shall be: (1) placed in anenclosure such as, but not limited to, a cabinet, shed, or similar structure that

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prevents contact with runoff spillage to the stormwater conveyance system; or (2)protected by secondary containment structures such as berms, dikes, or curbs.

q. The storage area shall be paved and sufficiently impervious to contain leaks andspills.

r. The storage area shall have a roof or awning to minimize collection of stormwaterwithin the secondary containment area.

s. The owner(s) of the property shall prepare and execute a covenant andagreement (Planning Department General form CP-6770) satisfactory to thePlanning Department binding the owners to post construction maintenance onthe structural BMPs in accordance with the Standard Urban StormwaterMitigation Plan and or per manufacturer's instructions.

20. Noise.

a. The construction contractor shall notify adjacent residents in advance ofconstruction activities. The construction manager's (or representative's)telephone number shall also be provided with the notification so that all validconcerns from adjacent residents can be expressed and addressed to the extentfeasible, through changes in construction procedures. Forms of notification shallinclude one or more of the following: signs posted on the site, and/or distributionof leaflets to adjacent residents.

b. Equipment used for project construction shall be hydraulically- or electrically-powered impact tools (e.g., jack hammers) wherever possible to avoid noiseassociated with compressed air exhaust from pneumatically powered tools.Where use of pneumatically powered tools is unavoidable,an exhaust muffler onthe compressed air exhaust shall be used. A muffler could lower noise levelsfrom the exhaust by up to about 10 dB(A). External jackets on the toolsthemselves shall be used where feasible; this could achieve a reduction of 5dB(A). Quieter procedures shall be used (such as drilling rather than impactequipment) wherever feasible. The project applicant shall require constructioncontractors to ensure that construction equipment is fitted with sound reductionequipment, per manufacturer's specifications.

c. The use of those pieces of construction equipment or construction methods withthe greatest peak noise generation potential shall be scheduled as to avoidoperating more than two pieces of equipment simultaneously, where possible.Examples include the use of drills and jackhammers.

d. Equipment and material haul routes shall be established and adhered to in orderto ensure that trucks traveling to and from the site do not travel on residentialstreets in the vicinity of the project site.

e. During construction, acoustical noise barriers including acoustical noise blanketsshall be erected along the eastern and southern boundaries of the project sitesuch that the line of sight between adjacent sensitive receptors and constructionactivities on the project site is blocked. The acoustical blankets shall have aminimum sound transmission class (STC) rating of 27 and should attenuateconstruction noise by at least 27 dBA CNEL. The acoustical blankets shall be

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erected prior to demolition activities. During building erection, the acousticalblankets shall extend to the top of the proposed building and remain in place untilexterior construction has been completed.

21. Public Services.

a. The Hotel Project shall comply with all applicable State and local codes andordinances, and the guidelines found in the Fire Protection and Fire PreventionPlan, as well as the Safety Plan, both of which are elements of the General Planof the City of Los Angeles case no. CPC 19708.

b. Upon completion of the Hotel Project, the project applicant shall provide theHollywood Area Commanding Officer with a diagram of each portion of theproperty. The diagram should include access routes and any additionalinformation that might facilitate police response.

c. The developer shall pay school impact fees, based on the type of land use, to theLAUSD to offset the impact of additional student enrollment at schools servingthe Project Site.

22. Utilities and Service Systems.

a. In the event of full or partial street closures, the project applicant shall employflagmen during the construction of new sewer lines and/or water lines, to facilitatethe flow of traffic.

b. The landscape irrigation system shall be designed, installed, and tested toprovide uniform irrigation coverage for each zone. Sprinkler head patternsshould be adjusted to minimize over spray onto walkways and streets. Each zoneshould water plants having similar watering needs.

c. Automatic irrigation timers shall be set to water landscaping during early morningor late evening hours to reduce water losses from evaporation. Adjust irrigationrun times for all zones seasonally, reducing watering times and frequency in thecooler months. Adjust sprinkler timer run times to avoid water runoff, especiallywhen irrigating sloped property.

d. Selection of drought-tolerant, low water consuming plant varieties shall be usedto reduce irrigation water consumption.

e. Ultra-low flush water closets and ultra-low flush urinals shall be installed. Lowflow faucet aerators shall be installed on all sink faucets.

D. Administrative Conditions

23. Approval, Verification and Submittals. Copies of any approvals, guarantees orverification of consultations, review or approval, plans, etc., as may be required by thesubject conditions, shall be provided to the Department of City Planning for placement inthe subject file.

24. Code Compliance. Area, height and use regulations of the zone classification of thesubject property shall be complied with, except where herein conditions may vary.

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25. Covenant. Prior to the issuance of any permits relative to this matter, an agreementconcerning all the information contained in these conditions shall be recorded in theCounty Recorder's Office. The agreement shall run with the land and shall be binding onany subsequent property owners, heirs or assigns. The agreement shall be submitted tothe Department of City Planning for approval before being recorded. After recordation, acopy bearing the Recorder's number and date shall be provided to the Department ofCity Planning for attachment to the file.

26. Definition. Any agencies, public officials or legislation referenced in these conditionsshall mean those agencies, public offices, legislation or their successors, designees oramendment to any legislation.

27. Enforcement. Compliance with these conditions and the intent of these conditions shallbe to the satisfaction of the Department of City Planning and any designated agency, orthe agency's successor and in accordance with any stated laws or regulations, or anyamendments thereto.

28. BuildingPlans. Page 1 of the grant and all the conditions of approval shall be printedon the building plans submitted to the Department of City Planning and the Departmentof Building and Safety.

29. CorrectiveConditions. The authorized use shall be conducted at all times with dueregard for the character of the surrounding district, and the right is reserved to the CityPlanning Commission, or the Director of Planning, pursuant to Section 12.27.1 of theMunicipal Code, to impose additional corrective conditions, if in the decision makersopinion, such actions are proven necessary for the protection of persons in theneighborhood or occupants of adjacent property.

30. Mitigation Monitoring. The applicant shall identify mitigation monitors who shallprovide periodic status reports on the implementation of the Environmental Conditionsspecified herein, as to area of responsibility, and phase of intervention (pre-construction,construction, post-construction/maintenance) to ensure continued implementation of theEnvironmental Conditions.

31. Indemnification. The applicant shall defend, indemnify and hold harmless the City, itsagents, officers, or employees from any claim, action, or proceeding against the City orits agents, officers, or employees to attack, set aside, void or annul this approval whichaction is brought within the applicable limitation period. The City shall promptly notify theapplicant of any claim, action, or proceeding and the City shall cooperate fully in thedefense. If the City fails to promptly notify the applicant of any claim action orproceeding, or if the City fails to cooperate fully in the defense, the applicant shall notthereafter be responsible to defend, indemnify, or hold harmless the City.

Sec. _. The City Clerk shall certify to the passage of this ordinance and have itpublished in accordance with Council policy, either in a daily newspaper circulated in theCity of Los Angeles or by posting for ten days in three public places in the City of LosAngeles: one copy on the bulletin board located at the Main Street entrance to the LosAngeles City Hall; one copy on the bulletin board located at the Main Street entrance to theLos Angeles City Hall East; and one copy on the bulletin board located at the TempleStreet entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of LosAngeles, at its meeting of _

JUNE LAGMAY, City Clerk

8y __Deputy

Approved _

Mayor

Pursuant to Section 558 of the City Charter,the City Planning Commission on March 12, 2009,recommended this ordinance be adopted by the City Council.

File No. -------------------------