Friday, August 28, 2015

Tortuoso Way Project Conditions Update from President Ron Hudson

Dear Bel-Air Association Community,

The Bel-Air Association’s Land Use Committee today successfully completed an agreement with the Tortuoso Way developers (The Park Bel Air Holdings LLC) for a large number of conditions that will substantially mitigate the impacts that the dirt hauling and construction of this project of 3 very large single-family residences will have on our already overburdened community.

The conditions are as follows:

1.    No crossing of two hauling vehicles shall be allowed in Bel-Air. (Once one hauling vehicle leaves Bel-Air, the next hauling vehicle may enter.)
2.    All hauling vehicles must be identified by a unique placard prominently identifying the project address and prominently displayed in the front windshield of such vehicle.
3.    The hauling operations are restricted to the hours between 9:00 a.m. and 3:00 p.m. on Mondays through Fridays only. No hauling is allowed on Saturdays, Sundays or federal or state holidays. Haul vehicles may not arrive at the site before the designated start time.
4.    The Park Bel Air Holdings LLC shall use its best efforts to obtain from the Hotel Bel Air a projected schedule of events and periodic updates, and will coordinate with the Hotel Bel Air regarding the hours of hauling on event or event preparation days.
5.    All clearing, earth moving, or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of dust.
6.    All dirt/soil loads shall be secured by trimming, other appropriate means (other than watering) to prevent spillage and dust.
7.    All dirt/soil materials transported off-site shall be securely covered.
8.    General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions.
9.    No haul truck staging or queueing shall occur on streets within the Bel Air neighborhood, with the exception of Tortuoso Way. Trucks having no current hauling activity shall not idle but be turned off.
10.  All flagmen shall be properly trained.
11.  All flagmen shall be prohibited from smoking or consuming alcoholic beverages while on duty.
12.  All flagmen shall remove their trash from their stationed location upon being relieved of duty for any period of time.
13.  The Park Bel Air Holdings LLC shall mix concrete on-site unless, in its reasonable judgment and after consultation with the Bel-Air Association, ready-mixed concrete delivery would reduce potential community or site operational impacts to below the potential adverse effects that would occur or do occur as a result of bringing and maintaining mixing equipment and batching materials—including but not limited to sand, gravel, cement, and water—to the site.  This condition is not and shall not be construed as a condition of the hauling operation.
14.  Following completion of construction of all residences at 780, 788, and 800 Tortuoso Way, but prior to issuance of the first certificate of occupancy for any residence on the site, The Park Bel Air Holdings LLC shall place a new slurry coat and yellow centerline stripe on Stone Canyon Road from Tortuoso Way to the beginning of Stone Canyon Road at West Sunset Boulevard. This condition is not and shall not be construed as a condition of the hauling operation.

As can be seen from the last condition, we reached an agreement with the developers to slurry coat and centerline-stripe Stone Canyon Road all of the way from Tortuoso Way to Sunset Boulevard at the end of construction, not just from Tortuoso Way to Bellagio Road.

This list of conditions that will strongly protect our community could not have been obtained without our diligent work in providing detailed comments within the 20-day statutory period after the project’s Mitigated Negative Declaration (“MND”) from the Planning Department was published. (We posted our comments on August 12.) In exchange for the agreement that we reached today, we today withdrew our comments. A copy of my letter to the Planning Department withdrawing our comments is below.

Importantly, and at our insistence, these conditions of approval will be recorded against the project as covenants and agreements, so that they will be binding on subsequent owners. This is important to make these conditions enforceable in case ownership ever changes, as it previously has during the development of this site.  A copy of the letter is enclosed below for your review.

Your President,
Ron Hudson