City of Los Angeles CITY PLANNING OF ASSOCIATE ...clkrep.lacity.org/onlinedocs/2020/20-0223_misc_1_02-14...2020/02/14 · Amardeep Sidhu / AXR, LLC (A & O) 110 East 9th Street, Unit

ESTINEH MAILIANCHIEF ZONING ADMINISTRATOR

DEPARTMENT OF CITY PLANNINGCity of Los Angeles

CALIFORNIAASSOCIATE ZONING ADMINISTRATORS

JACK CHIANG HENRY CHU

THEODORE L. IRVING FRANKLIN N. QUON

CHARLES J. RAUSCH JR. FERNANDO TOVAR

DAVID S. WEINTRAUB MAYA E. ZAITZEVSKY

VINCENT P. BERTONI, AICPDIRECTOR

(213) 978-1271VOS,,,.A?'

Bn KEVIN J. KELLER, AICPEXECUTIVE OFFICER

(213) 978-1272

& SHANA M.M. BONSTINDEPUTY DIRECTOR

TRICIA KEANEDEPUTY DIRECTOR

eric garcettimayor ARTHI L. VARMA, AICP

DEPUTY DIRECTOR

LISA M. WEBBER, AICPDEPUTY DIRECTOR

(213) 978-1274

February 7, 2020

Amardeep Sidhu / AXR, LLC (A & O) 110 East 9th Street, Unit A2 Los Angeles, CA 90015

CASE NO. ZA-2019-6155-CUB CONDITIONAL USE 828 South Main Street Central City Planning Area Zone C.D.

[Q]C5-4D 14 - Huizar

Kate Bartolo (R)Kate Barolo & Associates 645 West 9th Street, Unit 110 Los Angeles, CA 90015

127-5A211 CEQA : ENV-2019-6156-CE Legal Description: Lot 4 of Botiller Tract

D.M.

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061, I hereby DETERMINE:

based on the whole of the administrative record, that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301, and there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies; and

Pursuant to Los Angeles Municipal Code Section 12.24-W,1, I hereby APPROVE:

a Conditional Use Permit to allow the sale and dispensing of a full line of alcoholic beverages for on-site and off-site consumption in conjunction with a proposed bar and convenience store;

Upon the following additional terms and conditions:

All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the property, except as such regulations are herein specifically varied or required.

1.

2. The use and development of the property shall be in substantial conformance with the plot plan and floor plan submitted with the application and marked Exhibit "A", except as may be revised as a result of this action.

CASE NO. ZA 2019-6155-CUB PAGE 2

3. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Zoning Administrator to impose additional corrective Conditions, if, in the Administrator's opinion, such Conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

4. All graffiti on the site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence.

A copy of the first page of this grant and all Conditions and/or any subsequent appeal of this grant and its resultant Conditions and/or letters of clarification shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety for purposes of having a building permit issued at any time during the term of this grant.

5.

6. Prior to the effectuation of this grant, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the County Recorder's Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the Department of City Planning for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided for inclusion in case file.

7. Authorized herein is the sale and dispensing of a full line of alcoholic beverages for off-site consumption in conjunction with a proposed approximately 4,658 square-foot convenience store ("Suite A”), and a full line of alcoholic beverages for on-site consumption and tasting 1,377 square-foot bar and tasting room/ special event space ("Suite B”). The grant shall be subject to the following limitations:

The convenience store hours of operation (Suite A) shall be limited to 6:00 a.m. to 2:00 a.m., daily. The bar and tasting room / special events (Suite B) hours of operation shall be limited from 11:00 a.m. to 2:00 a.m., daily.

a.

b. Indoor seating at the second floor shall be limited to a maximum of 58 seats at the second floor. There shall be no seating at the first floor retail store. The number of seats shall not exceed the maximum allowable occupant load as determined by the Department of Building and Safety.

Outdoor seating is prohibited.c.

8. No after-hours use is permitted, except routine clean-up. This includes but is not limited to private or promotional events, special events, excluding any activities, which are issued film permits by the City.

9. No conditional use for dancing has been requested or approved herein. Dancing is prohibited.


10. A camera surveillance system shall be installed and operating at all times to monitor the interior, the Private Events Room, entrance, exits and exterior areas, in front of and around the premises. Recordings shall be maintained for a minimum period of 30 days and are intended for use by the Los Angeles Police Department.

All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space. Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.

11.

12. The exterior windows and glass doors of the store shall be maintained substantially free of signs and other materials from the ground to at least six feet in height above the ground so as to permit surveillance into the store by Police and/or private security.

Complaint Log. A telephone number and email address shall be provided for complaints or concerns from the community regarding the operation. The phone number and email address shall be posted at the following locations:

13.

Entry, visible to pedestriansa.

Customer service desk, front desk or near the reception area.b.

Complaints shall be responded to within 24-hours. The applicant shall maintain a log of all calls and emails, detailing: (1) date complaint received; (2) nature of complaint, and (3) the manner in which the complaint was resolved.

STAR/LEAD/RBS Training. Within the first six months of operation, all employees involved with the sale of alcohol shall enroll in the Los Angeles Police Department "Standardized Training for Alcohol Retailers” (STAR) or Department of Alcoholic Beverage Control "Licensee Education on Alcohol and Drugs” (LEAD) training program or the Responsible Beverage Service (RBS) Training Program. Upon completion of such training, the applicant shall request the Police Department or Department of Alcohol Beverage Control to issue a letter identifying which employees completed the training. STAR or LEAD or RBS training shall be conducted for all new hires within three months of their employment.

14.

15. The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure such conduct does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses.

16. At least one on-duty manager with authority over the activities within the facility shall be on the premises during business hours. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the Department of Alcoholic Beverage Control (ABC) and the conditional use herein. Every effort shall be undertaken in managing the subject premises and the facility to discourage illegal and criminal activities and any exterior area over which the building owner exercises control, in effort to ensure that no activities associated with such problems as narcotics sales, use or possession, gambling, prostitution, loitering, theft, vandalism and truancy occur.


17. There shall be no line queuing to enter the premises.

18. Loitering is prohibited on or around these premises or the area under the control of the applicant. "No Loitering or Public Drinking" signs shall be posted in and outside of the subject facility.

19. The applicant shall be responsible for maintaining the premises and adjoining sidewalk free of debris or litter.

Parking shall be provided in compliance with the Municipal Code and to the satisfaction of the Department of Building and Safety. No variance from the parking requirements has been requested or granted herein.

20.

21. Live entertainment shall be limited to acoustic performances with a maximum of four performers. Performances shall be within the 144 square-foot removable stage in "Suite B” (second floor), identified in "Exhibit A”. Live entertainment shall be limited to 5:00 p.m. to 2:00 a.m., Monday through Friday, and 11:00 a.m. to 2:00 a.m., Saturday and Sunday.

The "Private Events Room” identified in Exhibit A of Suite A shall not be fully enclosed. The subject event space shall at all times remain open to and visible from the adjacent tasting room/bar.

22.

Coin operated game machines, pool tables or similar game activities or equipment shall not be permitted. Official California State lottery games and machines are allowed.

23.

24. An electronic age verification device shall be purchased and retained on the premises available to determine the age of any individual and shall be installed at each point- of-sales location. This device shall be maintained in operational condition and all employees shall be instructed in its use.

The applicant(s) shall comply with Section 6404.5(b) of the Labor Code, which prohibits smoking within any place of employment. The applicant shall not possess ashtrays or other receptacles used for the purpose of collecting trash or cigarettes/cigar butts within the interior of the subject establishment.

25.

Smoking tobacco or any non-tobacco substance from electronic smoking devices is prohibited in or within 10 feet of any outdoor dining/entrance to the bar in accordance with LAMC Section 41.50 B2C.

26.

"No Smoking” signs shall be posted in English and in the predominant language of the facility’s clientele, if different, at the front entrance and at any other entrance utilized by the public.

27.

28. Vendor(s) delivery of alcoholic beverages shall be permitted only between the hours of 8 a.m. through 7 p.m., each day of the week.


29. The premises shall not be used exclusively for private parties where the general public is excluded.

30. The applicant shall not require an admission or cover charge.

31. No employee, while working, shall solicit or accept any alcoholic, non-alcoholic beverage, monetary compensation, or any other thing of value from any customer for the purpose of sitting with or otherwise spending time with customers while on the premises. The licensee shall not provide, permit, or make available, either gratuitously or for compensation, male or female patrons who act as escorts, companions or guests of and for the customers.

32. The applicant shall prepare a security plan for review and approval by the Los Angeles Police Department. No later than 12 months after the issuance of the Certificate of Occupancy for the bar. The applicant shall meet with the LAPD Central Vice to determine the effectiveness of the security plan. A copy of the security plan shall be submitted for the case file.

33. All security personnel shall maintain order therein and prevent any activity that would interfere with the quiet enjoyment of their property by nearby residents. The security personnel shall, to the reasonable extent possible:

• Encourage patrons to exit quietly.• Prevent loitering at the entrance and parking area.

All security personnel shall be licensed consistent with State law and Los Angeles Police Commission standards and maintain an active American Red Cross first-air card. The security personnel shall be dressed in such a manner as to be readily identifiable to patrons and law enforcement personnel.

34.

Security personnel shall monitor the sidewalk area used for patron smoking and work to discourage noise or nuisance behavior.

35.

36. The back door(s) shall be kept closed at all times, during the operation of the premises and sound equipment shall be insulated and positioned away from walls to render vibrations and reverberations undetectable beyond the premises. Any noise shall not be heard beyond the property line.

37. Any music, sound or noise which is under control of the applicant shall not constitute a violation of Sections 112.06 or 116.01 of the Los Angeles Municipal Code (Citywide Noise Ordinance) and shall not be audible beyond the subject premises. At any time during the term of the grant a City inspector may visit the site during operating hours to measure the noise levels using a calibrated decibel/sound level meter. If, upon inspection, it is found that the noise level exceeds those allowed by the Citywide Noise Ordinance, the owner/operator will be notified and will be required to modify or, eliminate the source of the noise or retain an acoustical engineer to recommend, design and implement noise control measures within property such as, noise barriers, sound absorbers or buffer zones.


38. The operator shall be responsible for mitigating the potential negative impacts of its operation on surrounding uses, especially, noise derived from patrons exiting and crowd control during entry and exiting.If the premise has live entertainment, the business operator shall go through the process set by LAPD Commission Investigation Division for a "Live Cafe Entertainment" permit.

39.

There shall be no Adult Entertainment of any type pursuant to LAMC Section 12.70.40.

41. The premise shall not be sub-leased to outside promoters for any type of events.

42. No pool or billiard table may be maintained on the premises.

43. The business operator of each premises permitted by this action shall maintain on the premise, and present upon request to any law enforcement officer, a copy of the business permit, alcohol license, the CUP with the conditions of the grant, insurance information, and a valid emergency contact phone number for any valet service used by the business.

44. Any use of the property for private events, including corporate events, birthday parties, anniversary parties, weddings or other private events which are not open to the general public shall be subject to the same provisions and hours of operation unless further restricted by LAPD.

Condition Nos. 45 through 48 are Applicant Volunteered.

45. There shall be no rear entrance for patron use.

46. The second floor will be closed off to minors.

47. There shall be a minimum one security guard to patrol the store and building permitted during all evening hours.

48. No alcohol purchased by patrons from the store at the ground floor may be served in the upstairs room.

ADMINISTRATIVE CONDITIONS

49. MViP - Monitoring Verification and Inspection Program. Prior to the effectuation of this grant, fees required per LAMC Section 19.01 -E,3 for Monitoring of Conditional Use Permits and Inspection and Field Compliance Review of Operations shall be paid to the City.

Within 24 months from the beginning of operations or issuance of a Certificate of Occupancy, a City inspector will conduct a site visit to assess compliance with, or violations of, any of the conditions of this grant. Observations and results of said inspection will be documented and included in the administrative

a.

file.


b. The owner and operator shall be notified of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective conditions imposed by the Zoning Administrator.

Should there be a change in the ownership and/or the operator of the business, the property owner and the business owner or operator shall provide the prospective new property owner and the business owner/operator with a copy of the conditions of this action prior to the legal acquisition of the property and/or the business. Evidence that a copy of this determination including the conditions required herewith has been provided to the prospective owner/operator shall be submitted to the Department of City Planning in a letter from the new operator indicating the date that the new operator/management began and attesting to the receipt of this approval and its conditions. The new operator shall submit this letter to the Department of City Planning within 30 days of the beginning day of his/her new operation of the establishment along with any proposed modifications to the existing the floor plan, seating arrangement or number of seats of the new operation.

50.

Should there be a change in the ownership and/or the operator of the business, the Zoning Administrator reserves the right to require that the new owner or operator file a Plan Approval application, if it is determined that the new operation is not in substantial conformance with the approved floor plan, or the operation has changed in mode or character from the original approval, or if documented evidence be submitted showing a continued violation(s) of any condition(s) of this grant resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties. The application, in association with the appropriate fees, and a 500-foot notification radius, shall be submitted to the Department of City Planning within 30 days of the date of legal acquisition by the new owner or operator. The purpose of the plan approval will be to review the operation of the premise and establish conditions applicable to the use as conducted by the new owner or operator, consistent with the intent of the Conditions of this grant. Upon this review, the Zoning Administrator may modify, add or delete conditions, and if warranted, reserves the right to conduct this public hearing for nuisance abatement/revocation purposes.

51.

INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION COSTS52.

Applicant shall do all of the following:

Defend, indemnify and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City’s processing and approval of this entitlement, including but not limited to, an action to attack, challenge, set aside, void, or otherwise modify or annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, or to claim personal property damage, including from inverse condemnation or any other constitutional claim.

a.

Reimburse the City for any and all costs incurred in defense of an action related to or arising out of, in whole or in part, the City’s processing and

b.


approval of the entitlement, including but not limited to payment of all court costs and attorney’s fees, costs of any judgments or awards against the City (including an award of attorney’s fees), damages, and/or settlement costs.

Submit an initial deposit for the City’s litigation costs to the City within 10 days’ notice of the City tendering defense to the Applicant and requesting a deposit. The initial deposit shall be in an amount set by the City Attorney’s Office, in its sole discretion, based on the nature and scope of action, but in no event shall the initial deposit be less than $50,000. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b).

c.

Submit supplemental deposits upon notice by the City. Supplemental deposits may be required in an increased amount from the initial deposit if found necessary by the City to protect the City’s interests. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b).

d.

If the City determines it necessary to protect the City’s interest, execute an indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition.

e.

The City shall notify the applicant within a reasonable period of time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the Applicant of any claim, action, or proceeding in a reasonable time, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City.

The City shall have the sole right to choose its counsel, including the City Attorney’s office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation.

For purposes of this condition, the following definitions apply:

"City” shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers.

"Action” shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Actions include actions, as defined herein, alleging failure to comply with any federal, state or local law.

Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition.


OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES

All terms and conditions of the approval shall be fulfilled before the use may be established. The instant authorization is further conditional upon the privileges being utilized within three years after the effective date of approval and, if such privileges are not utilized or substantial physical construction work is not begun within said time and carried on diligently to completion, the authorization shall terminate and become void.

TRANSFERABILITY

This authorization runs with the land. In the event the property is to be sold, leased, rented or occupied by any person or corporation other than yourself, it is incumbent upon you to advise them regarding the conditions of this grant.

VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR

Section 12.29 of the Los Angeles Municipal Code provides:

"A variance, conditional use, adjustment, public benefit or other quasi-judicial approval, or any conditional approval granted by the Director, pursuant to the authority of this chapter shall become effective upon utilization of any portion of the privilege, and the owner and applicant shall immediately comply with its Conditions. The violation of any valid Condition imposed by the Director, Zoning Administrator, Area Planning Commission, City Planning Commission or City Council in connection with the granting of any action taken pursuant to the authority of this chapter, shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this Code.”

Every violation of this determination is punishable as a misdemeanor and shall be punishable by a fine of not more than $2,500 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

APPEAL PERIOD - EFFECTIVE DATE

The applicant's attention is called to the fact that this grant is not a permit or license and that any permits and licenses required by law must be obtained from the proper public agency. Furthermore, if any Condition of this grant is violated or if the same be not complied with, then the applicant or his successor in interest may be prosecuted for violating these Conditions the same as for any violation of the requirements contained in the Municipal Code. The Zoning Administrator's determination in this matter will become effective after FEBRUARY 24, 2020, unless an appeal therefrom is filed with the City Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by the required fee, a copy of the Zoning Administrator's action, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are available on-line at http://planning.lacity.org. Public offices are located at:

http://planning.lacity.org


DowntownFigueroa Plaza

201 North Figueroa Street, 4th Floor Los Angeles, CA 90012

(213) 482-7077

San Fernando ValleyMarvin Braude San Fernando

Valley Constituent Service Center 6262 Van Nuys Boulevard, Room 251

Van Nuys, CA 91401 (818) 374-5050

West Los AngelesWest Los Angeles Development

Services Center 1828 Sawtelle Boulevard,

2nd FloorLos Angeles, CA 90025

(310) 231-2598

If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 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.

NOTICE

The applicant is further advised that subsequent contact regarding this determination must be with the staff assigned to this case. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assure that you receive service with a minimum amount of waiting. You should advise any consultant representing you of this requirement as well.

FINDINGS OF FACT

After thorough consideration of the statements contained in the application, the plans submitted therewith, and the statements made at the public hearing on January 15, 2020, all of which are by reference made a part hereof, as well as knowledge of the property and surrounding district, I find that the requirements for authorizing a conditional use approval under the provisions of Section 12.24-W,1 have been established by the following facts:

BACKGROUND

The subject property is a 5,960 square-foot, rectangular parcel of land consisting of a single lot with a frontage of approximately 37 feet along the south side of Main Street. The subject property is mid-block, bounded by 8th Street to the east and 9th Street to the west. The project site is zoned [Q]C5-4D with a land use designation of Light Manufacturing within the Central City Community Plan area. The "Q” Qualified Condition prohibits residential uses while the "D” Development Limitation places restrictions on floor area, neither of which are applicable to the requested entitlement. The site is located within a State Enterprise Zone, City Center Redevelopment Plan Area, Adaptive Reuse Incentive Area, Greater Downtown Housing Incentive Area, and Transit Priority Area in the City of Los Angeles.

The project site is developed with a vacant, freestanding two-story building with a 500 square-foot loading bay accessed via an alley. The proposed project includes a change of use from a retail use to a combined retail and bar use, as well as interior tenant improvements. No new construction is proposed, and no additional parking will be provided as part of the request herein.


The applicant is requesting a new Conditional Use Permit to allow the sale and dispensing of a full line of alcoholic beverages for on-site and off-site consumption in conjunction with a 4,704 square-foot convenience store and a 1,339 square-foot bar and tasting room. The project proposes a convenience store on the ground floor with operation hours from 6:00 a.m. to 2:00 a.m. daily. The project also proposes a second-story bar and tasting room comprised of 63 seats (46 seats in bar and tasting room in addition to 17 seats in a private event room), including a 144 square-foot stage area for incidental, acoustic-only live entertainment. The proposed hours of operation for the bar and tasting room are from 11:00 a.m. to 2:00 a.m. daily, while the proposed hours of operation for the live entertainment specifically are from 5:00 p.m. to 2:00 a.m. Monday through Friday and 11:00 a.m. to 2:00 a.m. on Saturday and Sunday.

After the public hearing, on January 28, 2020, the applicant’s representative submitted revised floor plans and January 29, 2020, a revised ‘Attachment A’ was submitted showing revisions to the square footage for Suites A and B. Suite A reflects 4,658.1 square feet of retail space, a reduction of 46 square feet. Suite B reflects a 1,377.3 square-foot Tasting Bar with 58 seats. The number of seats in the tasting room/bar and Private Event space was also reduced.

SURROUNDING PROPERTIES

The project site is located in the Fashion District within the Downtown Los Angeles area. Surrounding properties are generally developed with commercial and light industrial uses. Recently, new residential uses have also emerged in the surrounding neighborhood. Properties to the east across 8th Street and to the north across Main Street are zoned C2- 4D, C5-4D, and [Q]C5-4D, and are developed with a variety of commercial uses including restaurants, bars, retail, and entertainment venues. Properties to the west across 9th Street and to the south across Los Angeles Street are zoned M2-2D and are developed with various commercial uses as well as light industrial and light manufacturing uses. Properties immediately adjacent to the subject site are retail stores and a surface parking lot.

STREETS

Main Street, adjoining the subject property to the north, is designated Avenue II, dedicated to a right-of-way width of 86 feet and a roadway width of 56 feet, and is improved with street parking, curb, gutter and sidewalk.

Werdin Place, adjoining the subject property to the south, is an alley with a width of 20 feet, improved with asphalt pavement.

Previous Cases, Affidavits, Permits, and Orders on the Applicant's Property:

There are no relevant previous cases on the subject property.

Previous Cases on Surrounding Properties

Upon utilizing a 500-foot radius map via the Zoning Information Mapping Access System (ZIMAS) and the Planning Case Tracking System (PCTS), staff identified the following Zoning Administrator determinations associated with the sales and dispensing of alcoholic beverages.


Case No. ZA-2019-0785-CUB-CUX - On September 23, 2019, the Zoning Administrator approved a conditional use to allow the sale of a full line of alcoholic beverages for on-site consumption in conjunction with a cafe in the [Q]C5-4D-CDO-SN zone located at 806-808 South Broadway.

Case No. ZA-2018-0585-CUB - On November 16, 2018, the Zoning Administrator approved the renewal of a Conditional Use Permit allowing for the continued sale of a full line of alcoholic beverages of on-site consumption in conjunction with a restaurant in the C2-4D zone located at 840 South Spring Street.

Case No. ZA-2017-3062-CUB - On August 16, 2018, the Zoning Administrator approved continuation of a Conditional Use Permit which allows for the sale of a full line of alcoholic beverages for on-site consumption in conjunction with the Orpheum Theater, located on 842 South Broadway in the [Q]C5-4D-CDO zone.

Case No. ZA-2015-2527-CUB - On February 24, 2016, the Zoning Administrator approved a conditional use to upgrade the sale and dispensing of beer and wine to a full line of alcoholic beverages for on-site consumption, and the continued incidental sale and dispensing of beer and wine for off-site consumption at an existing restaurant located at 121 East 9th Street in the M2-2D zone.

Case No. ZA-2013-2765-CUB - On February 27, 2014, the Zoning Administrator approved a conditional use to allow the sale of a full line of alcoholic beverages for on-site consumption in conjunction with a hotel and restaurant (including live entertainment) in the C2-4D zone, located at 820 South Spring Street.

Case No. ZA-2012-2489-CUB-CUX - On August 6, 2013, the Zoning Administrator approved a conditional use to permit public dancing, live entertainment, and the sale of a full line of alcoholic beverages for on-site consumption in conjunction with a historical theater in the [Q]C5-4D-CDO zone, located at 802 South Broadway.

Case No. ZA-2012-2364-CUB - On January 15, 2012, the Zoning Administrator approved a conditional use to allow the sale of a full line of alcoholic beverages for on-site consumption in conjunction with an existing restaurant in the [Q]C5-2D zone, located at 110 East 9th Street.

PUBLIC CORRESPONDENCE

The Downtown Los Angeles Neighborhood Council issued a letter dated October 7, 2019 indicating support for the project and conditional use request with three recommended conditions.

PUBLIC HEARING

The public hearing was held on January 15, 2020 at 12:00 p.m. in Los Angeles City Hall, Room 1020. The hearing was attended by the applicant’s representative, Kate Bartolo.


Ms. Bartolo made the following statements:

The business has been operating for 30 years.The business has operated at Cal Mart on a Deemed -To-Be-Approved grant. This current operator has owned the business for the past ten years.The store is within a free-standing, two-story commercial building.The DLANC is supporting this request.CD14 is monitoring the site today. There has been no history of complaints.The area is in a transition area that has been up-zoned in the Community Plan. On-site alcohol sales is accessory to the off-site component of the operation.The applicant has volunteered conditions, which have been submitted to the Zoning Administrator.There is a revision from the original application.Security will be provided in the evenings only.There is a request for live entertainment which would be limited to the upstairs portion of the business. It will be comprised of three musicians and one singer. The existing off-site alcohol permit will not be transferred but canceled and the applicant will be seeking a new license. There will be no net increase in alcohol permits as a result of this grant.The business has 20 to 23 employees, and will have a total of 30 employees at the new location.The business will close by 2 a.m., on Friday and Saturday.LAPD stated they will be submitting their recommendation.Security will be provided for in the evening hours.

There were no speakers at the public hearing.

At the conclusion of the public hearing, the Zoning Administrator stated he was inclined to grant the conditional use but would wait to review LAPD’s recommended conditions.

CONDITIONS IDENTIFIED FOR CONSIDERATION BY THE STATE DEPARTMENT OFALCOHOLIC BEVERAGE CONTROL RELATIVE TO THE SALE AND DISTRIBUTION OFALCOHOLIC BEVERAGES

In approving the instant grant, the Zoning Administrator has not imposed Conditions specific to the sale or distribution of alcoholic beverages, even if such Conditions have been volunteered or negotiated by the applicant, in that the Office of Zoning Administration has no direct authority to regulate or enforce Conditions assigned to alcohol sales or distribution.

The Zoning Administrator has identified a set of Conditions related to alcohol sales and distribution for further consideration by the State of California Department of Alcoholic Beverage Control (ABC). In identifying these conditions, the Office of Zoning Administration acknowledges the ABC as the responsible agency for establishing and enforcing Conditions specific to alcohol sales and distribution. The Conditions identified below are based on testimony and/or other evidence established in the administrative record, and provide the ABC an opportunity to address the specific conduct of alcohol sales and distribution in association with the Conditional Use granted herein by the Zoning Administrator.


The applicant shall not require patrons to purchase a minimum number of drinks. Self-service of alcoholic beverages for on-site consumption is not permitted.At no time shall the liquor store (Suite A) sell any alcoholic beverages for on-site consumption.There shall be no bottle service (bottle of any alcohol spirit along with juice mixers provided to a party for self-service) allowed on the premise at any time.No person under 21 years of age shall sell or deliver alcoholic beverages inside the bar (Suite B). No person under the age of 21 shall service alcoholic beverages at abar.Operator and its personnel shall, at all times, maintain a police of not serving obviously intoxicated patrons and taking preventative measures to help avert intoxication-related problems, as follows: a) Free non-alcoholic beverages shall be offered ongoing for designated drivers; b) Bottled water shall be made available to departing patrons.There shall be no service, sales or possession of an alcoholic beverage on any sidewalk. The applicant shall ensure no alcoholic beverages, which are purchased within the applicant’s establishment, are consumed on any property adjacent to the licensed premise that is under the control of the applicant.

BASIS FOR CONDITIONAL USE PERMITS

A particular type of development is subject to the conditional use process because it has been determined that such use of property should not be permitted by right in a particular zone. All uses requiring a Conditional Use Permit from the Zoning Administrator are located within Section 12.24 of the Los Angeles Municipal Code. In order for the sale of a full line of alcoholic beverages for on-site and off-site consumption to be authorized, certain designated findings have to be made. In these cases, there are additional findings in lieu of the standard findings for most other conditional use categories.

CONDITIONAL USE FINDINGS

1. The project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region.

The project site is located on a vacant, freestanding two-story retail building with a loading bay and alley access from the rear. The proposed project includes a change of use from retail to a combined bar and retail use, as well as interior tenant improvements.

The new Conditional Use Permit allows the sale and dispensing of a full line of alcoholic beverages for on-site and off-site consumption in conjunction with a 4,658.1 square-foot convenience store and a 1,377.3 square-foot bar and tasting room. The project proposes a gourmet convenience store on the ground floor, and identified as Suite A, with operating hours of 6:00 a.m. to 2:00 a.m., daily. The store would offer a full line of alcoholic beverages for off-site consumption. The project also proposes a full line of alcoholic beverages for on-site consumption and tasting at the second- story bar and tasting room comprised. The second floor area, identified as Suite B, is comprised of 58 seats (24 in the Tasting Room/Special Event Space, 13 seats in


the Tasting Room Bar area, and 21 seats in the Private Event Room. A 144 square- foot removable stage as shown on the floor plan. When the applicant offers limited live entertainment, 12 seats from the Tasting Room/Special Event Space would be removed to allow for a temporary stage for acoustical performances and no more than four musicians. The proposed hours of operation for the bar and tasting room are from 11:00 a.m. to 2:00 a.m. daily, while the proposed hours of operation for the live entertainment specifically are from 5:00 p.m. to 2:00 a.m., Monday through Friday and 11:00 a.m. to 2:00 a.m., Saturday and Sunday.

The subject site is located in the Fashion District within Downtown Los Angeles, which is currently in a state of transition from garment manufacturing and wholesale to a diverse mix of fashion showrooms, neighborhood retail and commercial uses, and residential uses.surrounding neighborhood. Properties to the east across 8th Street and to the north across Main Street are zoned C2-4D, C5-4D, and [Q]C5-4D, and are developed with a variety of commercial uses including restaurants, bars, retail, and entertainment venues. Properties to the west across 9th Street and to the south across Los Angeles Street are zoned M2-2D and are developed with various commercial uses as well as light industrial and light manufacturing uses. Properties immediately adjacent to the subject site are retail stores and a surface parking lot.

Recently, new residential uses have also emerged in the

The project, through its retail and tasting bar component, will offer a neighborhood serving use. Residents, employees and visitors of the area will be able to conveniently purchase different alcoholic products for off-site consumption from the retail component. The bar and tasting room allows for residents, employees and visitors of the area to enjoy foods and alcoholic beverages and sample different alcoholic products. It offers a viable option for nightlife, where entertainment will be limited, that is in line with the vision for downtown. The operation will offer gourmet foods, a tasting room and special event space that will serve the people who live, work and visit downtown. The tasting room will allow patrons to sample different alcohol products within the regulations of ABC, and the special event space will promote a downtown nightlife to bring people together. The project will offer neighborhood-serving uses in both its retail and bar/tasting room component that will be compatible with surrounding uses.

2. The project’s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety.

The subject property is located mid-block, bounded by 8th Street to the east and 9th Street to the west. The project site is zoned [Q]C5-4D with a land use designation of Light Manufacturing within the Central City Community Plan area. The "Q” condition prohibits residential uses while the "D” limitation places restrictions on floor area, neither of which are applicable to the requested entitlement. The site is located within a State Enterprise Zone, City Center Redevelopment Plan Area, Adaptive Reuse Incentive Area, Greater Downtown Housing Incentive Area, and Transit Priority Area in the City of Los Angeles.


The project site is developed with a vacant, freestanding two-story retail building with a loading bay and alley access from the rear. The proposed project includes a change of use from retail to a combined bar and retail use, as well as interior tenant improvements.

The Conditional Use Permit allows the sale and dispensing of a full line of alcoholic beverages for on-site and off-site consumption in conjunction with a 4,658.1 square- foot convenience store and a 1,377.3 square-foot bar and tasting room. The project proposes a gourmet convenience store (sales of alcoholic beverages for off-site consumption) on the ground floor with operating hours of 6:00 a.m. to 2:00 a.m., daily. The project also proposes a second-story bar and tasting room (sales of a full line of alcoholic beverages for on-site consumption) comprised of 58 seats (24 in the Tasting Room/Special Event Space, 13 seats in the Tasting Room Bar area, and 21 seats in the Private Event Room. A 144 square-foot removable stage is shown on the floor plan. The proposed hours of operation for the bar and tasting room are from 11:00 a.m. to 2:00 a.m. daily, while the proposed hours of operation for the live entertainment specifically are from 5:00 p.m. to 2:00 a.m., Monday through Friday, and 11:00 a.m. to 2:00 a.m., Saturday and Sunday.

The project site is located in the Fashion District within the Downtown Los Angeles area. Surrounding properties are generally developed with commercial and light industrial uses. Recently, new residential uses have also emerged in the surrounding neighborhood. Properties to the east across 8th Street and to the north across Main Street are zoned C2-4D, C5-4D, and [Q]C5-4D, and are developed with a variety of commercial uses including restaurants, bars, retail, and entertainment venues. Properties to the west across 9th Street and to the south across Los Angeles Street are zoned M2-2D and are developed with various commercial uses as well as light industrial and light manufacturing uses. Properties immediately adjacent to the subject site are retail stores and a surface parking lot.

Conditions have been imposed to encourage responsible management and deter criminal activity. The Los Angeles Police Department has also reviewed the application and submitted recommended conditions to the grant. The project will be in a fully enclosed building with no outdoor patios and limitations placed on live entertainment, thus minimizing noise and nuisance potential onto surrounding neighbors. Furthermore, the hours of operation are tailored to each specific operation to ensure compatibility with the neighborhood. The convenience store is permitted to open early in the morning at 6:00 a.m. to provide foods, beverages, breakfast items, and snacks as a service and convenience, whereas the bar and tasting room open later in the day at 11:00 a.m. Live entertainment, which will be limited to incidental and acoustic-only. Implemented conditions have considered the specific operating characteristics, and have considered adjacent uses. Such conditions address security, responsible management, training, and deterrence of nuisances. These conditions will ensure the operation will not adversely affect surrounding uses. As such the project with the conditions of approval will be compatible with surrounding uses and will not adversely affect adjacent properties.

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


The elements in the General Plan establish policies and provide the regulatory environment for managing the city and for addressing concerns and issues. The majority of the policies derived from the elements in the General Plan are in the form of Code Requirements, which collectively form the LAMC. The requested entitlement is for a conditionally permitted use, and thus does not propose to deviate from any of the requirements of the LAMC.

The subject property is located within the boundaries of the Central City Community Plan, which establishes land use designations and planning policies for the area. Several of the issues identified in the Community Plan include high vacancy rates in older office buildings, lack of neighborhood-oriented businesses to support residential areas, and lack of the necessary mix of retail to attract a variety of users to the downtown area in the evenings and on weekends. The proposed project represents an opportunity to address these issues, especially in light of the growing demand and supply for residential units by adaptive reuse in the area.

The project site is zoned [Q]C5-4D and designated as Light Manufacturing. As the Community Plan states, however, an increasing number of residential units are being developed downtown as a result of a growing demand for housing and the adoption of the Adaptive Reuse Ordinance (ARO) which facilitates the conversion of commercial buildings to residential uses. As a commercial use, the proposed project is consistent with the zoning, and meets the intent of the following Commercial Policies and Objectives of the Community Plan:

Objective 2-2: To retain the existing retail base in Central City.

Policy 2-1.1: Focus on attracting businesses and retail uses that build on existing strengths of the area in terms of both the labor force, and businesses.

Support the growth of neighborhoods with small, local retail services.

Policy 2-2.3:

Objective 2-4: To encourage a mix of uses which create an active, 24- hour downtown environment for current residents and which would also foster increased tourism.

Policy 2-4.1: Promote night life activity by encouraging restaurants, pubs, night clubs, small theaters, and other specialty uses to reinforce existing pockets of activity.

By enabling the operation of the proposed convenience store, tasting room, and special event space, the project furthers the development of the Central City area as a major commercial and entertainment hub in the core of the City, as identified in the Community Plan. The boutique convenience store provides specialty goods to both nearby residents as well as visiting tourists, and the upstairs operations provide for unique event opportunities and as a gathering place. The hours of operation, in combination with the numerous conditions and security measures, allow the project to contribute positively to the policy intent relating to promoting nightlife activity and


fostering increased tourism. Many restaurants, bars, theaters, and residences are situated nearby to collectively contribute to a livelier and active night time atmosphere. Additionally, the project is a small business that already has an established reputation in the Downtown area in providing quality goods and services. Since the project is actually a relocation and expansion of an existing location in the Cal Mart, the project meets the intent of retaining the existing retail base in Central City. The project follows an established pattern of zoning and land use that is consistent and compatible with other properties and uses in the surrounding area, which include retail, restaurants, and entertainment-related uses. Thus, the project substantially conforms with the purpose, intent, and provisions of the General Plan and the Community Plan.

4. The proposed use will not adversely affect the welfare of the pertinent community.

The subject property is located in the [Q]C5-4D zone where conditional authorization for the sale of a full line of alcoholic beverages for on-site and off-site consumption is allowed through the approval of the Zoning Administrator subject to certain findings. Given the scope of the conditions and limitations established herein, the surrounding land uses will not be significantly impacted by the proposed conditional use.

Negative impacts commonly associated with the sale of alcoholic beverages, such as criminal activity, public drunkenness, and loitering are mitigated by the imposition of conditions requiring deterrents against loitering and responsible management. Employees will undergo training on the sale of alcoholic beverages including training provided by the Los Angeles Police Department Standardized Training for Alcohol Retailers (STAR) Program. In addition, the Zoning Administrator has imposed numerous conditions to integrate the use into the community as well as protect community members from adverse potential impacts. Additional conditions have been included to ensure the operation provides adequate security measures, includes surveillance system, and adequate lighting. The establishment will also prohibit DJs, patron queuing, and standing room in the bar area to ensure that there is minimal potential for noise impacts and other nuisance-type activity. Any live entertainment and special events will adhere to the imposed conditions as well as the City’s Noise Ordinance. Both the Conditions of Approval and the requirements of the California Department of Alcoholic Beverage Control are intended to protect the public health, welfare and safety of the community. Therefore, it is expected that the sale and dispensing of a full line of alcoholic beverages for on-site and off-site consumption in conjunction with a convenience store, tasting room, and private events space will not adversely affect the welfare of the pertinent community.

5. The granting of the application will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to applicable State laws and to the California Department of Alcoholic Beverage Control’s guidelines for undue concentration; and also giving consideration to the number and proximity of these establishments within a one thousand foot radius of the site, the crime rate in the area (especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs, or alcohol,


disturbing the peace, and disorderly conduct), and whether revocation or nuisance proceedings have been initiated for any use in the area.

According to the California State Department of Alcoholic Beverage Control (ABC) licensing criteria, there are two (4) on-site and one (2) off-site licenses allocated for the subject tract (Census Tract No. 2073.01). Currently, there are 71 active on-site licenses, and nine (9) active off-site licenses in this census tract.

Within 1,000 feet of the subject site, there are 29 alcohol-selling establishments. These establishments include seven (7) retail establishments with licenses for off-site consumption and 22 establishments with licenses for on-site consumption.

Concentration can be undue when the addition of a license will negatively impact a neighborhood. However, concentration is not undue when the approval of a license provides a public service and benefits the community. In this case, the granting of the request will not result in undue concentration as the project will provide unique amenities and services. Although the number of existing licenses far exceeds the number allocated to the subject census tract, the high number of alcohol-serving establishments is to be expected in an area which functions as a major urban center with a variety of commercial uses. In active commercial areas where there is a demand for licenses beyond the allocated number, the ABC has recognized that high- activity retail and commercial centers are supported by significant employee population, in addition to the increasing resident population base in the area. The ABC has discretion to approve an application if there is evidence that normal operations will not be contrary to public welfare and will not interfere with the quiet enjoyment of property by residents. In this case, the surrounding area serves as the downtown core of the City and is home to a wide variety of restaurant, retail, and entertainment establishments where a high number of alcohol licenses would be expected. As a commercial hub, the area serves a significantly higher population than that only residing in the subject census tract.

According to statistics provided by the Los Angeles Police Department’s Central Division Vice Unit, within Crime Reporting District No. 174, a total of 126 crimes (78 Part I Crimes and 48 Part II Crimes) were reported in 2018, compared to the Citywide Average of 185 crimes and the High Crime Reporting District Average of 222 crimes for the same period. In 2018, there were (11) Narcotics, (5) Liquor Law, (5) Public Drunkenness, (0) Disturbing the Peace, (1) Disorderly Conduct, and (1) Driving While Influence (DWI) related arrests, and (18) Other Offences. These numbers do not reflect the total number of arrests in the subject reporting district over the accountable year. Arrests for this calendar year may reflect crimes reported in previous years.

The crime numbers are lower than the citywide average and the high reporting district and there has been no evidence submitted for the record establishing any nexus between the subject site and the area’s crime rate. Nevertheless, conditions, such as those related to the STAR/LEAD/RBS Program, age verification, and security cameras, have been imposed by the Zoning Administrator in conjunction with this approval. Public safety measures to mitigate nuisance and criminal activities have been incorporated into the grant to assure better oversight. The Zoning Administrator has also included conditions related to the sale and distribution of alcohol for further


consideration by the California Department of Alcoholic Beverage Control as conditions on the alcohol license. Therefore, as conditioned, the use is not expected to contribute to the area’s crime rate or generate any nuisance activity and will not result in an undue concentration of establishments providing alcohol.

6. The proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration to the distance of the proposed use from residential buildings, churches, schools, hospitals, public playgrounds and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

The project site is zoned [Q]C5-4D and has a Light Manufacturing land use designation, The project will bring commercial uses where the existing building will be utilized as a retail and bar use.

The following sensitive uses are located within a 1,000-foot radius of the site:

Multi-Family Residential Uses Condominium Use

No letters, telephone calls, or public testimony were received from any of these sensitive uses or from the general public stating the project having any impact on these uses. Nevertheless, consideration has been given to the distance of the subject establishments from the above-referenced sensitive uses. Although the project site is near several residential uses, they are not located on the same block as the project site, and are thus unlikely to be directly impacted by the proposed project. Furthermore, a majority of these residential uses were introduced to this area as part of the Adaptive Reuse Ordinance in which commercial buildings are converted to residential buildings, so it is expected that these new residences will be situated within a predominantly commercial neighborhood. The grant has been well conditioned, which will protect the health, safety, and welfare of the surrounding neighbors. The potential effects of excessive noise or disruptive behavior have been considered and addressed by imposing conditions related to noise, loitering, and security. The project is consistent with the zoning and in keeping with the form and function of the surrounding area. The project will contribute to the neighborhood and will serve neighboring residents and local employees as well as visitors. Therefore, as conditioned, the project will not detrimentally affect nearby residentially zoned communities, schools, or any other sensitive uses in the area.

ADDITIONAL MANDATORY FINDINGS

7. The National Flood Insurance Program rate maps, which are a part of the Flood Hazard Management Specific Plan adopted by the City Council by Ordinance No. 172,081, have been reviewed and it has been determined that this project is located in Zone X, an area of minimal flood hazard.


Inquiries regarding this matter shall be directed to Esther Ahn, Planning Staff for the Department of City Planning, at (213) 978-1486.

HENRYpHUAssociate Zoning Administrator

HC:EA:bk

Councilmember Jose Huizar Fourteenth Council District Adjoining Property Owners

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PROJECTISSUED FOR DATEINFOTITLENUMBER07/13/19EXHIBIT 'A JASON'S WINE AND SPIRITS

828 So. Main St-Los Anodes, CA 90014

:07/22/19SITE PLANCALCULATIONSNOTES

EXHIBIT'A'REV.-I1*5 11 gg =RAVELED

82 =STUDI0^10/10/19EXHIBIT A' REV - 2A-1 Aa Shown

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828 SO. M

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TENAN

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7.736.06.860.7

Total Existing Gross Floor Area (sq. ft.)

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03- AUG

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rading/Com

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04- JUN

J993 - (W

L07823): 828 So. M

ain St.; Correct 92W

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SEATS: 58____________________________________•R

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DATE PROJECT___________________

_______ JASON'S WINE AND SPIRITS07/22/19 828 So. Main St.10/10/19 Los Angeles. CA 90014

ISSUED FORINFOTITLENUMBER07/13/19EXHIBIT 'A'

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