MASTER LAND USE PERMIT APPLICATION LOS ANGELES CITY PLANNING DEPARTMENT

Transcription

1 MASTER LAND USE PERMIT APPLICATION LOS ANGELES CITY PLANNING DEPARTMENT Planning Staff Use Only ENV No. Existing Zone District Map APC Community Plan Council District Census Tract APN Case Filed With [DSC Staff] Date CASE NO. ZA (CUB) APPLICATION TYPE CONDITIONAL USE ALCOHOL (CUB) (zone change, variance, conditional use, tract/parcel map, specific plan exception, etc.) 1. PROJECT LOCATION AND SIZE Street Address of Project 409 W. OLYMPIC BOULEVARD Zip Code Legal Description: Lot FR B Block NONE Tract TR 1869 Lot Dimensions 160 FT x 161 FT Lot Area (sq. ft.) 25,760 Total Project Size (sq. ft.) 7, PROJECT DESCRIPTION Describe what is to be done: Pursuant to L.A.M.C. Section W a, request for full alcohol service for restaurant, see Attachment A. Present Use: Vacant ground floor retail; apartments above Plan Check No. (if available) Proposed Use: Restaurant on ground floor Date Filed: Check all that apply: New Construction Change of Use Alterations Demolition Commercial Industrial Residential Tier 1 LA Green Code Additions to the building: Rear Front Height Side Yard No. of residential units: Existing 79 To be demolished 0 Adding 0 Total ACTION(S) REQUESTED Describe the requested entitlement which either authorizes actions OR grants a variance: Code Section from which relief is requested: Code Section which authorizes relief: W.1 (See Attachment A) Code Section from which relief is requested: Code Section which authorizes relief: Code Section from which relief is requested: Code Section which authorizes relief: List related or pending case numbers relating to this site: N/A

2 Page 2 of 3 4. OWNER/APPLICANT INFORMATION Applicant's name Pooya Banafesha Company 409 LLC. Address: 1248 Flower St. Telephone: (213 ) Fax: (213 ) Los Angeles, Ca Zip: Property owner s name (if different from applicant) same Address: Telephone: ( ) Fax: ( ) Zip: Contact person for project information Kate Bartolo Company Kate Bartolo & Associates Address: 8990 Lloyd Pl. Telephone: (213 ) Fax: (213 ) West Hollywood, Ca. Zip: kate@katebartolo.com 5. APPLICANT S AFFIDAVIT Under penalty of perjury the following declarations are made: a. The undersigned is the owner or lessee if entire site is leased, or authorized agent of the owner with power of attorney or officers of a corporation (submit proof). (NOTE: for zone changes lessee may not sign). b. The information presented is true and correct to the best of my knowledge. c. In exchange for the City s processing of this Application, the undersigned Applicant agrees to defend, indemnify and hold harmless the City, its agents, officers or employees, against any legal claim, action, or proceeding against the City or its agents, officers, or employees, to attack, set aside, void or annul any approval given as a result of this Application. Signature: Print: ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, (Insert Name of Notary Public and Title) personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 6. ADDITIONAL INFORMATION/FINDINGS In order for the City to render a determination on your application, additional information may be required. Consult the appropriate Special Instructions handout. Provide on attached sheet(s) this additional information using the handout as a guide. NOTE: All applicants are eligible to request a one time, one-year only freeze on fees charged by various City departments in connection with your project. It is advisable only when this application is deemed complete or upon payment of Building and Safety plan check fees. Please ask staff for details or an application. Base Fee Receipt No. CP-7771 (09/09/2011) Planning Staff Use Only Reviewed and Accepted by [Project Planner] Deemed Complete by [Project Planner] Date Date

3 SIGNATURE SHEET Page 3 of 3 SIGNATURES of adjoining or neighboring property owners in support of the request; not required but helpful, especially for projects in single-family residential areas. (Attach additional sheet, if necessary) NAME (PRINT) SIGNATURE ADDRESS KEY # ON MAP CP-7771 (09/9/2011)

4 Reserve Restaurant CUB Project Attachment A Request: 409, LLC ( the Applicant ) is seeking the following discretionary approval for a proposed restaurant on the ground-floor corner tenant space of the Reserve Lofts mixed use apartment and retail project, as follows: Pursuant To L.A.M.C. Section W 1, the Applicant requests approval of a Conditional Use Permit to allow for the on-site sales, service and consumption of a full line of alcoholic beverages for a restaurant (Type 47) for a 6,981 square foot interior space with 291 seats, and a 347 square foot outdoor patio with 32 seats for a total 7,328 square feet and 311 seats. All outdoor patio seating is on-site. No use of the public sidewalk proposed. Proposed hours of operation and hours of alcohol service are: 8 am 1:30am daily for interior and 8am 12midnight daily for patio. Live entertainment is limited to a musical non-acoustical quartet but no dancing. Project Description The CUB request applies to a restaurant proposed for the ground floor space of a mixed-use historic building totaling 7,328 square feet and 311 seats, including a 347 square foot 32-seat outdoor patio. Hours of operation and alcohol service for the restaurant will be 8am-1:30am seven days a week with outdoor patio seating restricted to a midnight closing time daily. The large, open floor plan allows flexible use of dining space to accommodate diverse patron demand in the downtown and burgeoning South Park area as follows: provision of coffee bar, lounge and outdoor patio areas to create a casual dining environment. The various components will allow downtown s residential community to additionally use the space as an alternative work and gathering place potentially throughout the day, from early morning coffee service to late night casual dining in the main restaurant component. The retail ground floor is an integral part of the seven-story Reserve Lofts, a mixed-use, multifamily residential and retail project adaptively reused from an historic Federal Reserve Bank building in Located at the northwest corner of Olympic Boulevard and Hope Street, the Reserve Lofts project totals approximately 127,000 square feet of improvements and includes 79 rental apartments, garage parking for residential use and the above-described ground floor commercial space. The corner ground floor space is part of the original John Parkinson designed 1929 Federal Reserve Bank in Los Angeles. In keeping with Secretary of Interior standards, the owner/applicant has retained and rehabilitated the building s character-defining features intact 1

5 including the original Art Deco exterior facade (Zig-Zag Moderne style), its cathedral windows and high coffered ceiling with hand painted tiles. The building was listed on the National Register of Historic Places (administered by the US Department of the Interior) on September 20, 1984 and was included in the Historic Resources Inventory of the California Office of Historic Preservation on January 1, The space has been vacant for several years despite multiple efforts to lease the space, due to the imposing historic exterior façade, large size and its lack of street front identity. For that reason, Applicant hired an historic consulting firm which, working with the project architect, created flex spaces for restaurant use and provided an additional Olive Street entrance to create an inviting street front identity along Olive. By opening one of the building bays, the project provides an integrated access to on-site outdoor patio dining. The portion of Olive Street through South Park is a lower trafficked street compared to other downtown arterials and is considered well suited to sidewalk dining. The project is an historic building with no on-site parking that has been separately and specifically allocable to the ground floor. The proposed project does not include an increase in indoor floor area which would trigger additional parking requirements; therefore, no additional parking is required. Further, the project is located in the Downtown Parking District which exempts parking requirements for commercial spaces under 7,500 square feet. Applicant will, however, voluntarily seek off-site parking for the ground floor restaurant use and will likely use valet parking staff for that purpose. Property Description The subject property is located on level terrain at the northwest corner of West Olympic Boulevard and South Olive Avenue in the Central City Community Plan Area. The zone is [Q] R5-4D, which includes [Q] condition (Ord 164,307) allows C 4 uses which allows restaurants, provided the floor-area-ratio of such use does not exceed 2:1 (the FAR of the proposed restaurant is use less than 1:1). The proposed restaurant space comprises a single story. Surrounding properties, within a one-block radius share the same zoning. The General Plan Land Use Designation is High Density Residential and the property is located in the Center City Redevelopment Project Area of the Designated Local Authority to the Community Redevelopment Agency and the Central City Community Plan. The property is also located in the Los Angeles State Enterprise Zone and the South Park Business Improvement District economic development areas, and is located within the Central City and Downtown Business District s parking incentive zones. It is not located within a Specific Plan. The property is served by a total of approximately 15 bus lines along its two main arterials, Olympic Boulevard and Olive Street. 2

6 Surrounding Properties & Circulation The subject property is in eastern portion of the rapidly transforming South Park neighborhood which largely consists of a uniform street grid on level terrain. Each adjacent block has the same [Q]R5-4D zoning as the subject site. Adjacent uses consist of offices, retail, and multifamily housing. Surrounding uses in this rapidly transforming neighborhood consist of several mixed-use projects (residential over retail) under construction on former surface parking lots, the Fashion Institute of Design & Merchandising (FIDM), a Gas Station with convenience store, Grand Hope Park, aging commercial retailers, and surface parking. The subject property is located on the southeastern corner of the block bounded by West Olympic Boulevard, South Olive Street, South Grand Avenue and West 9 th Street. West Olympic Boulevard is a Modified Major Highway II with 2-way traffic. South Grand Avenue is a Modified Major Highway II with 1-way southbound traffic. South Olive Street is a Modified Secondary Highway with 1-way northbound traffic. West 9 th Street is a Modified Secondary Highway with 1-way, eastbound traffic. Relevant Case History Adjacent Properties Case No. ZA (CUB)(CUX) - On June 5, 2014, the Zoning Administrator approved a Conditional Use to allow the sale and dispensing of a full line of alcoholic beverages for onsite consumption in conjunction with a restaurant; and Pursuant to Los Angeles Municipal Code Section W,18, approved a Conditional Use to allow the public dancing and live entertainment in conjunction with a restaurant. A total of 241 seats were approved but there is no patio or outdoor public area. Case No. ZA (CUB) On February 2, 2012, the Zoning Administrator approved the sale of a full of alcoholic beverages for on-site consumption in conjunction with a 97 seat restaurant, with 73 interior seats and 21 outdoor seats, from 11 am 12 midnight, Sunday-Thursday and 11 am 2 am Friday and Saturday in conjunction with a new 2,800 square foot restaurant. (Arashi Sushi) Case No. ZA (CUB) - On April 5, 2010, the Zoning Administrator approved the sale of beer and wine only for on-site consumption in conjunction with a proposed, approximately 2,300 square-foot restaurant, accommodating a maximum of 50 seats interior (no outdoor seating permitted), and hours of operation from 11 a.m. to 11 p.m. daily. The grant was authorized for a five year term and an Approval of Plans application, to review compliance with imposed conditions, is required to be filed within the first year of the grant. 3

7 Case No. ZA (CUB): On August 11, 2010, the Zoning Administrator granted a conditional use approval to permit the sale and dispensing of beer and wine for on-site consumption, in conjunction with a new 1,722 square-foot restaurant. (Sugar Fish) Case No. ZA (CUB) - On September 9, 2009, the Zoning Administrator approved the continued sale of a full line of alcoholic beverages for on-site consumption, in conjunction with an existing 13,755 square-foot restaurant ("The Palm Restaurant"), accommodating a total of 367 seats interior and an additional 78 seats exterior, with 24-hour daily operation, on property located within the [Q] R5-4D-O Zone, at 1100 South Flower Street. Case No. ZA (CUB) On December 18, 2008, the Zoning Administrator approved a conditional use to allow the sale and dispensing of a full-line of alcoholic beverages in conjunction with a proposed restaurant. Case No. ZA (CUB) - On August 12, 2008, the Zoning Administrator approved a Conditional Use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with an approximately 4,540 square-foot ground floor restaurant and bar, having a maximum of 278 seats, including 110 interior and 72 exterior (restaurant), and 44 interior and 52 exterior (bar), with hours of operation from 7 a.m. to 2 a.m. daily, on property located within the [Q]R5-4D-O Zone, at South Grand Avenue. Case No. ZA (CUB) - On April 28, 2008, the Zoning Administrator approved the sale of a full line of alcoholic beverages for on- and off-site consumption, in conjunction with a proposed 2, 156 square foot ground level restaurant with outdoor dining upon the public sidewalk, also having a bar and lounge and limited live entertainment, accommodating 184 seats interior and 64 seats exterior, with hours of operation from 7 a.m. to 2 a.m. daily, on property located within the [Q]R5-4D-O Zone, at West 12th Street. Case No. ZA (CUB) - On September 26, 2007, the Zoning Administrator approved the sale of beer and wine only for on- and off-site consumption in conjunction with a proposed 3,725 square-foot wine store and bar, accommodating 118 patrons, including 30 seats upon an outdoor patio area, with hours of operation from 9 a.m. to 2 a.m. daily, on property located within the [Q] R5-4D-O Zone, at 1050 South Flower Street. Case No. ZA (CUB) - On August 24, 2007, the Zoning Administrator approved the sale of a full line of alcoholic beverages in conjunction with a proposed 8,580 square-foot restaurant with bar and lounge, also having limited live entertainment, accommodating a total maximum of 353 seats (92 seats in the bar and lounge area, 84 seats in the main dining area, 48 seats in a secondary dining area, and 129 seats in an outdoor patio area), with hours of operation from 7 a.m. to 2 a.m. daily, on property located within the C4-2D Zone, at 1212 South Flower Street. Case No. ZA (CUB) - On June 26, 2007, the Zoning Administration approved the sale of a full line of alcoholic beverages for on-site consumption in conjunction with a 4,896 4

8 square-foot restaurant, accommodating a maximum of 165 seats, with hours of operation from 7 a.m. to 2 a.m. daily, on property located within the [Q] R5-4D-O Zone, at 1050 South Flower Street, #101. (Cork Bar) Case No. ZA (CUB) - On October 29, 2007, the Zoning Administrator approved the sale of a full line of alcoholic beverages for on- and off-site consumption, in conjunction with a proposed 6,362-square-foot restaurant with bar and lounge, accommodating a maximum of 239 seats (80 interior restaurant, 75 interior bar, 68 exterior restaurant, 16 exterior bar) also having limited live entertainment, with hours of operation from 7 a.m. to 11 p.m. Sunday through Thursday, and from 7 a.m. to 2 a.m. Friday and Saturday, on property located within the [Q]R5-4D-O Zone, at 1100 South Hope Street. Case No. ZA (CUB) - On April 28, 2008, the Zoning Administrator approved the sale of a full line of alcoholic beverages for on- and off-site consumption, in conjunction with a proposed 2, 156 square foot ground level restaurant with outdoor dining upon the public sidewalk, also having a bar and lounge and limited live entertainment, accommodating 184 seats interior and 64 seats exterior, with hours of operation from 7 a.m. to 2 a.m. daily, on property located within the [Q]R5-4D-O Zone, at West 12th Street. Case No. ZA (CUB) - On September 26, 2007, the Zoning Administrator approved the sale of beer and wine only for on- and off-site consumption in conjunction with a proposed 3,725 square-foot wine store and bar, accommodating 118 patrons, including 30 seats upon an outdoor patio area, with hours of operation from 9 a.m. to 2 a.m. daily, on property located within the [Q] R5-4D-O Zone, at 1050 South Flower Street. Case No. ZA (CUB) - On August 24, 2007, the Zoning Administrator approved the sale of a full line of alcoholic beverages in conjunction with a proposed 8,580 square-foot restaurant with bar and lounge, also having limited live entertainment, accommodating a total maximum of 353 seats (92 seats in the bar and lounge area, 84 seats in the main dining area, 48 seats in a secondary dining area, and 129 seats in an outdoor patio area), with hours of operation from 7 a.m. to 2 a.m. daily, on property located within the C4-2D Zone, at 1212 South Flower Street. Case No. ZA (CUB) - On June 26, 2007, the Zoning Administrator approved the sale of a full line of alcoholic beverages for on-site consumption in conjunction with a 4,896 square-foot restaurant, accommodating a maximum of 165 seats, with hours of operation from 7 a.m. to 2 a.m. daily, on property located within the [Q] R5-4D-O Zone, at 1050 South Flower Street, #101. Case No. ZA (CUB) - On October 29, 2007, the Zoning Administrator approved the sale of a full line of alcoholic beverages for on- and off-site consumption, in conjunction with a proposed 6,362-square-foot restaurant with bar and lounge, accommodating a maximum of 239 seats (80 interior restaurant, 75 interior bar, 68 exterior restaurant, 16 exterior bar) also having limited live entertainment, with hours of operation from 7 a.m. to 11 p.m. 5

9 Sunday through Thursday, and from 7 a.m. to 2 a.m. Friday and Saturday, on property located within the [Q]R5-4D-O Zone, at 1100 South Hope Street. Case No. ZA (CUB) - On May 8, 2006, the Zoning Administrator approved the sale of a full line of alcoholic beverages for on-site consumption in conjunction with an existing 1,948 square-foot restaurant/bar and lounge, accommodating 64 patrons (39 interior, 25 exterior), with hours of operation from 4 p.m. to 2 a.m. Monday through Friday, and from 10 a.m. to 2 a.m. Saturday and Sunday, on property located within the [Q]R5-4D- O Zone, at 714 West Olympic Boulevard. Case No. ZA (CUB) - On January 18, 2002, the Zoning Administrator approved the sale of a full line of alcoholic beverages in conjunction with a proposed 13,755 square-foot restaurant, accommodating 367 seats interior and 75 seats exterior, with 24-hour daily operation, on property located within the [Q]R5-4D-O Zone, at 1100 South Flower Street. Case No. ZA (CUB) - On January 18, 2002, the Zoning Administrator approved the sale of a full line of alcoholic beverages in conjunction with a proposed 13,755 square-foot restaurant, accommodating 367 seats interior and 75 seats exterior, with 24-hour daily operation, on property located within the [Q]R5-4D-O Zone, at 1100 South Flower Street. FINDINGS 1. That the project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a serve that is essential or beneficial to the community, city or region. The Project seeks to revitalize a ground floor in an area of Downtown that has been largely devoid of a vibrant streetscape. In particular, the Project is designed to commercially reuse a long-dormant retail space in an iconic historic building. The corner location was the banking floor of the original John Parkinson designed 1929 Federal Reserve Bank in Los Angeles, and the owner and applicant has rehabilitated and retained the space s character defining features. A restaurant at this location would create a viable reuse for this historic space and an amenity for the upper floor residential uses. The outdoor patio would help enliven the street and encourage pedestrian activity in the eastern part of the South Park neighborhood. In addition, the City's Adaptive Reuse Ordinance, employed to convert the building to apartments back in 2006, is designed to allow for the conversion of former commercial buildings to new uses including apartments...[and] retail. Despite South Park s existing and planned new mixed use projects, the neighborhood continues to suffer from a paucity of restaurant offerings. In response to this need, the proposed restaurant and request accessory alcohol uses would serve the South Park neighborhood, in particular, future residents of the three high rise 6

10 developments currently under construction across the street from subject project at Hope Street and Olympic Boulevard. Restaurants with alcohol service have been a driving force in Downtown's revitalization as they provide a social environment outside of home and work life, cater to the between 9 and 15 million annual downtown visitors. The mix of creative flex dining-focused uses will create a community amenity that serves as an added draw for residents, workers and visitors alike to this historic, architecturally appealing space. 2. That 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 retail ground floor is an integral part of the seven-story Reserve Lofts, a mixeduse, multi-family residential and retail project adaptively reused from an historic Federal Reserve Bank building in Consistent with the City's Adaptive Reuse Ordinance, such conversions were intended to produce housing as well as retail on the ground floor of formerly underutilized commercial buildings to provide services to the neighborhood and upper floor residences. As intended when completed in 1929, the space was originally the banking floor/lobby for the Federal Reserve Bank. Restaurants with full line of alcoholic beverages are a common reuse for such historic spaces. The corner location, high windows & coffered ceilings and open layout is befitting for the social environment that such an establishment creates, and, when combined with outdoor dining, create a streetscape identity in an area that has no streetscape continuum of storefront retail and restaurant uses. Examples of similar reuses that have been instrumental in district-wide revitalization include Bottega Louie (open since 2009) in the 1912 Brockman Building, the Terroni (open since 2013) in the 1924 National City Tower Lofts Building, and Pete's Cafe (open continuously since 2002) in the 1906 San Fernando Building. The Federal Designation of the subject property on the National Register of Historic Places further underscores the patio as a significant feature that will enhance, not degrade, the property. While the upper floors are occupied as rental loft spaces, the ground floor, with its imposing stone façade, has left the corner dark and dormant at night. The renewed economic vitality of an historic property is a key objective and allowable finding for meeting Secretary of Interior Standards which, in part, is intended to encourage visitation of such historic property. The subject property's ground floor space has been substantially impaired by not having a relationship to downtown ground floor streetscape. In the 8 years since the adaptive reuse of the upper floors, the ground floor space has not secured a viable tenant despite ongoing listings with multiple brokerage firms. The approval of a CUB applied to interior and patio space is essential to assure the economic vitality of its proposed reuse. The patio dining will also help stimulate pedestrian activity which is sorely needed in a part of downtown with several monolithic mid- to high-rise uses with few ground 7

11 floor retail spaces (in particular the neighboring Federal Reserve Bank and the Parkside Apartments that share the same block as the subject property). The imposing façade of the historic Reserve Lofts with its wide pilasters and barred windows were design features intended to give financial institutions a strong impenetrable appearance (the Stock Exchange on Spring and the Old Bank at 4 th & Main are other examples of this imposing Monument style facade. The conversion to restaurant use with outdoor patio dining will soften the building s historic massing and make the building s corner location more pedestrian oriented place to walk and interact with others on the street. The Applicant will provide a series of conditions prior to hearing, which it specifically requests that the ZA adopt as its own Conditions for Approval. The conditions of approval have been time and operator- tested to avert noise impacts in similar projects, both upon neighboring properties and the residents of upper floors. These Conditions will require the restaurant operator to properly manage the establishment to discourage illegal and criminal activity on the site and to maintain the site free of litter and graffiti. Further, these conditions will help assure that the proposed new uses are compatible with the currently under construction mixed-use projects located within a blocks of the subject site. Applicant s requests consideration of limited live entertainment which would be restricted to a non-acoustical four-piece musical ensemble but with no public dancing. Further, by limiting the public ingress and egress to two single bays opening to Olympic and Olive in the otherwise imposing stone façade of the subject building will assure that noise from the restaurant use and its accessory, limited non-acoustical musical quartet will not project off site. Secondly, the restaurant bar areas are small relative to the entire restaurant (the bar area and lounge areas are 13% and 7.6% of the restaurant area, respectively), further reinforcing that alcoholic beverage service is auxiliary to food service. The required midnight closing will further serve to reduce the potential for noise problems. As conditioned, the use will avert the kind of operational behavior associated with uses that are materially detrimental to immediate neighborhood. 3. That the project substantially conforms to the purpose, intent and provisions of the General Plan the applicable community plan and any applicable specific plan. The Project directly addresses and substantially conforms to the following policies and programs of the Central City Community Plan and the General Plan Framework Element, both in purpose and intent. In addition, it advances the intentions of the City's Adaptive- Reuse Ordinance to not only convert former commercial buildings to housing, but also to reuse ground floor spaces for retail uses. 8

12 Central City Community Plan: Policy Maintain zoning standards that clearly promote housing and limit ancillary commercial to that which meets the needs of neighborhood residents or is compatible with residential uses Policy Encourage a cluster neighborhood design comprised of housing and services. Program: Cluster community facilities, such as elementary schools, day care centers, supermarkets, community police stations, meeting halls, and neighborhood parks to attract residents to Downtown and to create focal points for each neighborhood. Project Finding: The granting of the Conditional Use for the sale of a full line of alcoholic beverages in conjunction with a restaurant will provide services for residents in the area. The Community Plan text does not specifically address the requested conditional use for the sale of alcohol beverages. However, the Los Angeles Municipal Code authorizes the Zoning Administrator to grant the requested conditional use in the zones corresponding to the Plan land use designation. The General Plan promotes the provision of services throughout the city in locations that are convenient to the public yet do not impact nearby properties. The subject request is in harmony with the various elements and objectives of the General Plan. Policy Focus on attracting businesses and retail uses that build on existing strengths of the area in terms of both the labor force, and businesses. Program: Actively market Downtown s retail uses to a broad range of shoppers and encourage restaurants and cafes along the street to attract office workers and tourists. Project Finding: The Project will directly attract restaurant operators that will provide a place of employment and a social environment that increases traffic from nearby office workers, tourist to Downtown, and residents in the many existing and planned multifamily buildings nearby. Furthermore, the revitalization of this currently inactive corner will encourage other businesses to locate in existing and proposed ground floor retail spaces. This type of first mover behavior is common in the broader restaurant and retail community: once one tenant makes the first move, others quickly follow. Policy Promote night life activity by encouraging restaurants, pubs, night clubs, small theaters, and other specialty uses to reinforce existing pockets of activity. Program: Encourage adaptive reuse of historic buildings as restaurant and entertainment uses, museums, galleries, live/work, and premium quality housing. Promote the use of historic theaters as venues for entertainment and other related functions. Project Finding: The Project CUB is a direct effort to commercially reuse an historic space for a restaurant. The occasional indoor non-acoustical live entertainment furthers this program by creating multiple activities by which residents and visitors to downtown can enjoy these valued historic spaces. 9

13 General Plan Framework: The Project fulfills various economic objectives and their component policies as follows: OBJECTIVE 7.2 Establish a balance of land uses that provides for commercial and industrial development which meets the needs of local residents, sustains economic growth, and assures maximum feasible environmental quality. POLICIES Concentrate commercial development entitlements in areas best able to support them, including community and regional centers, transit stations, and mixed-use corridors. This concentration prevents commercial development from encroaching on existing residential neighborhoods Encourage new commercial development in proximity to rail and bus transit corridors and stations Promote and encourage the development of retail facilities appropriate to serve the shopping needs of the local population when planning new residential neighborhoods or major residential developments. The proposed restaurant meets these policies in direct manner. The use helps proliferate mixeduses in Downtown, the largest and densest regional center in the City where residential neighborhoods are developed with commercial uses on the ground floor as an integrated component to City living. Further, the project provides a commercial use along a major bus route serviced by a total of 15 different bus lines as well as nearby Metro Rail stations. OBJECTIVE 7.10 Program resources in a manner that encourages appropriate development, housing opportunities, transit service and employment generation in all areas of the City, with particular emphasis on those portions of the City which historically have not received a proportional share of such opportunities, consistent with the City's overall economic policies. POLICIES Concentrate commercial development entitlements in areas best able to support them, including community and regional centers, transit stations, and mixed-use corridors. This concentration prevents commercial development from encroaching on existing residential neighborhoods Support efforts to provide all residents with reasonable access to transit infrastructure, employment, and educational and job training opportunities. 10

14 Promote and encourage the development of retail facilities appropriate to serve the shopping needs of the local population when planning new residential neighborhoods or major residential developments. The proposed use helps to balance the needs cited in Objective 7.10, by encouraging development, housing, transit and employment in South Park, an area of the City that can readily accommodate mixed use growth and provide a needed restaurant amenity in an area that has an imbalance between residential and restaurant/retail uses. The proposed restaurant will add to and further diversify the employment base of the immediate area, offering job opportunities beyond that offered by the neighboring Federal Reserve branch and the Fashion Institute of Design and Merchandising (FIDM) National Historic Register and the Secretary of Interior Standards. In addition to the policies and ordinances set by the City of Los Angeles, the subject property is listed on the National Register of Historic Places under standards set by the Department of the Interior. These standards include the condition that character-defining features should be open to public viewing. Further, the properties on the list shall be able to develop viable uses as a means to improve the space and ultimately resulting in further investment to the historic resource and neighboring properties and its resulting economic viability to justify such investment. 4. Explain how the proposed use will not adversely affect the welfare of the pertinent community. Approval of the Conditional Use at this location will not adversely affect the economic welfare of the community, but rather it will strongly contribute to its increased economic vitality. The proposed CUP project will put the heretofore long vacant, underutilized ground floor of the subject property to greatly improved commercial use, in keeping with the intent of the City's Adaptive Reuse Ordinance, Community Plan, General Plan and. The request for alcohol service for the corner commercial restaurant space is an important precedent to the ability to attract service retail uses and upper floor residential tenants in this transitioning area. These uses can serve to help to enliven the struggling eastern side of South Park, an area that has since lagged behind much of Downtown's recovery. The restaurant will generate potentially significant employment opportunities and help create a nighttime pedestrian-oriented streetscape in an area of South Park that is relatively dark and dormant at night. The economic welfare of the surrounding community depends on healthy and viable commerce and the proposed restaurant operation are the associated conditional use request will be a key driver in stimulating that economic welfare. The Applicant s residential uses are above the ground floor uses, and as such, the Applicant and its tenants will, of necessity, meet the standards for averting noise 11

15 problems before they occur with the property s own residential tenants. The hours of operation for the outdoor patio are limited to a midnight closing. 5. Explain how the approval of the application will not result in or contribute to an undue concentration of such establishments. The subject property is located in an area of Downtown that has not seen the revitalization and resurgence in street life that other areas have enjoyed. Further, there are relatively few uses of this type within the surrounding blocks and only two CUBs have been approved in the adjacent properties in decades. One of the two CUB approvals does not appear to have been utilized to the extent allowed and the most recent approval is for a project that does not feature patio or sidewalk dining. Thus, the Project brings an amenity to an area of South Park that has relatively few alcohol-serving establishments relative to Downtown at large. Secondly, the historic character and restaurant operation associated with the CUB request is designed to offer meals throughout the day, a social environment geared toward a professional clientele, and outdoor dining for a lively street scene. As such, the diversity of dining and social uses not only meet a need for the community but are likely to stimulate other diverse neighboring uses that are sought after by professionals, residents and tourists. The addition of quality restaurants in historic spaces promises to bring a new qualitative standard to the prevailing run-down and dormant eastern side of the South Park neighborhood in terms of the type, nature and operations of alcohol serving uses. The issue has always been about the quality of the use and the experience and commitment of the operator to abide by its CUP Conditions and prevent problems before they occur. These proposed uses will further help attract other retail and service retail uses that follow new food establishment. The objective of discouraging alcohol over-concentration was conceived in the 1990 s by state legislators representing urban areas that were beset by an over-concentration of alcohol serving uses that were characterized by deemed approved uses that preceded the City of Los Angeles adoption of regulations governing alcohol use. These deemed approved uses have frequently been described as dive bars and liquor stores that operate with abandon, designed to serve only those individuals who drink with the direct intention of inebriation. These operators are defined by their offering for sale of single malt liquors, small bottles and cans and high sugar content wines at inexpensive pricing, often targeted to individuals living on the street with a history of substance abuse. On the other hand, the proposed Project is intended to establish a new qualitative standard for the area and spur economic activity in the eastern area of South Park, not contribute to the slum conditions that prompted concerns about the proliferation of low-end dive bars and liquor stores. 12

16 6. Explain how the approval of the application will not detrimentally affect nearby residential zones or uses. Approval of the Conditional Use will not detrimentally affect nearby residentially-zoned properties because the proposed uses will first need to meet the standard of not impacting the building s upper floor residential uses. The Applicant intends to demonstrate its diligence in protecting the quiet enjoyment of its upper floor tenants by putting provisions in each of its leases that such uses are required to comply with the CUP Conditions for Approval and that failure to prevent or stem undue noise or nuisance impacts on residents will be grounds for lease termination. Properly conditioned, the proposed restaurant use in the historic space will serve as an amenity for area residents and thus further activate an otherwise dark and dormant nighttime streetscape. The prospect of economic resurgence in the eastern side of South Park is being led by mixed use projects such as the Reserve Lofts, which provides the two essential land uses, residential and quality commercial, that will drive the area's economic revitalization and its formation and maintenance of a vibrant neighborhood within the larger downtown community. Economic revitalization is a proven strategy to make the streets safer and reduce crime by creating an enduring job creation base and activated neighborhood streetscape. The addition of the proposed restaurant use with patio is intended to help the eastern area of South Park transition to a more diversified and economically vibrant residential and commercial base to the betterment of the existing residential population. 13

17 QUESTIONS REGARDING THE PHYSICAL DEVELOPMENT OF THE SITE a. What is the total square footage of the building or center the establishment is located in? 126,769 sf mixed use building. b. What is the total square footage of the space the establishment will occupy? 7,328 sf total space c. What is the total occupancy load of the space as determined by the Fire Department? To be determined, the seating count totals 311 seats indoor and out. d. What is the total number of seats that will be provided indoors? Outdoors? Indoor seats: 279 Outdoor seats: 32; Total: 311. e. If there is an outdoor area, will there be an option to consume alcohol outdoors? Yes. The outdoor patio will have controlled access from inside the restaurant from a single bay door from Olive Street. f. If there is an outdoor area, is it on private property or the public right-of-way, or both? Private property, no use of public sidewalk g. If an outdoor area is on the public right-of-way, has a revocable permit been obtained? N/A h. Are you adding floor area? If yes, how much is enclosed? Outdoors? Yes. All new floor area is outdoors in the form of a 347 sf patio. None of it is enclosed, all of it is outdoors. i. Parking i. How many parking spaces are available on the site? No parking required per the Cultural Heritage Ordinance and the Downtown Business District zone s parking incentives ii. Are they shared or designated for the subject use? N/A iii. If you are adding floor area, what is the parking requirement as determined by the Department of Building & Safety? N/A since it is outdoor space only iv. Have any arrangements been made to provide parking off-site? Applicant is volunteering provision off-site parking for non-code required parking.

18 1. If yes, is the parking secured via a private lease or a covenant/affidavit approved by the Department of Building & Safety? No. 2. Please provide a map showing the location of the off-site parking and the distance, in feet, for pedestrian travel between the parking area and the use it is to serve. N/A. 3. Will valet service be available? Will the service be for a charge? Applicant may elect to offer valet and if provided would be at a charge. j. Is the site within 1,000 feet of any schools (public, private or nursery schools), churches or parks? Yes: Fashion Institute of Design and Merchandising Grand Hope Park k. For massage parlors and sexual encounter establishments, is the site within 1,000 feet of any other Adult Entertainment Businesses as defined by LAMC B17? N/A QUESTIONS REGARDING THE OPERATION OF THE ESTABLISHMENT What are the proposed hours of operation and days of the week will the establishment be open? Interior: M-F 8 am - 1:30am, Sat-Sun 8am-1:30am Exterior: M-F 8 am - 12mid, Sat-Sun 8am-12 am c. Will there be entertainment such as a piano bar, dancing, live entertainment, movies, karaoke, video game machines, etc? Please specify. No dancing. There will be occasional indoor use of a non-acoustic musical quartet. d. Will there be minimum age requirements for entry? If yes, what is the minimum age requirement and how will it be enforced? No. The restaurant (ABC Type 47 license) is open to the public without age restriction. Alcohol service is restricted to persons 21 and over, which is enforced based on management observation (based on STARZ training, inspection of forms of identification and continuing education to help discern the varied types of forged identification cards). e. Will there be any accessory retail uses on the site? What will be sold? No. f. Security i. How many employees will you have on the site at any given time? To be determined based on the needs of proposed restaurant tenant.

19 ii. Will security guards be provided on-site? If yes, how many and when? Security is not-needed as the proposed use is a restaurant iii. Has LAPD issued any citations or violations? If yes, please provide copies. No. g. Alcohol i. Will there be beer & wine only, or a full-line of alcoholic beverages available? a. There will be a full-line of alcoholic beverages available. ii. Will fortified wine (greater than 16% alcohol) be sold? a. None except for fine port iii. Will alcohol be consumed on any adjacent property under the control of the applicant? a. No. iv. Will there be signs visible from the exterior that advertise the availability of alcohol? No. v. Food 1. Will there be a kitchen on the site? Yes, there will be a full kitchen since main function of the business is a restaurant. 2. Will alcohol be sold without a food order? Yes, food will always be available. 3. Will the sale of alcohol exceed the sale of food items on a quarterly basis? No. 2 Provide a copy of the menu if food is to be served. Menu will be provided upon securing tenant. vi. On-Site 1. Will a bar or cocktail lounge be maintained incidental to a restaurant? If yes, the floor plans must show the details of the cocktail lounge and the separation between the dining and lounge facilities. Yes. The bar areas are identified on the seating plan provided with the application. The bar comprises slightly over 13% of total floor area of restaurant. The lounge, which can be used by day as flex space for casual dining, comprises 7.6 of total floor area of restaurant.

20 2. Will off-site sales of alcohol be provided accessory to on-site sales ( Take Out )? If yes, a request for off-site sales of alcohol is required as well. No. 2 Will discounted alcoholic drinks ( Happy Hour ) be offered at any time? Happy Hour will be offered to be competitive to other restaurants that offer Happy Hour, but will not offer discounted alcoholic that unduly encourages rapid consumption such as 2 for 1 alcohol discounts. Happy hour will include alcohol service but in the context of and conjunction with food service. Therefore Applicant requests approval of Happy Hour but conditioned sufficient to bar the sale of 2 for 1 and other substantial alcohol discounts. vii. Off-Site 1. Will cups, glasses or other containers be sold which might be used for the consumption of alcohol on the premises? No. 3 Will beer or wine coolers be sold in single cans, or will wine be sold in containers less than 1 liter (750 ml)? Yes. viii. Contact the CA Department of Alcoholic Beverage Control (ABC) regarding its requirements -- CALDERA BILL (CA Business and Professions Code Section and ) a. Is this application a request for on-site or off-site sales of alcoholic beverages? The applicant requests on-site sales of alcoholic beverages only. i. If yes, is the establishment a bona-fide eating place (restaurant) or hotel/motel? Yes. 1. If no, contact the CA Department of Alcoholic Beverage Control (ABC) to determine whether the proposed site is located in an area whereby: issuance of a license to serve alcohol on-site or off-site would tend to create a law enforcement problem; or if issuance would result in, or add to an undue concentration of licenses. b. If ABC has determined that an eligible use is in an area of high crime or undue concentration of licenses, the City Council will need to make the finding that the issuance of the license is required for public convenience or necessity.

21 7/21/2014 8:07:26 PM (E) BASEMENT RAMP NOT A PART SEPARATE TENANT OLIVE RAMP ENTRANCE PROPERTY LINE (E) GUARD STATION THIS DRAWING AND THE INFORMATION CONTAINED HEREIN ARE THE COPYRIGHTED WORK OF OMGIVNING ARCHITECTS AND MAY NOT BE REPRODUCED WITHOUT WRITTEN PERMISSION. (E) LOCKER ROOM (E) VAULT (E) OLYMPIC DOCK ENTRANCE LOADING ACCESS NOT A PART SEPARATE TENANT (E) SERVICE ELEV ELEV ELEV ELEV 110' - 6" 49' - 2" LOBBY TRASH ROOM SF (E) OFFICE (E) HALLWAY (E) OFFICE KITCHEN SF 53' - 1" 7' - 9" (E) OFFICE 3' - 8" MEN'S EMPLOYEE RESTROOM SF 53 SF WALKIN COOLER SF WALKIN FREEZER SF WOMEN'S RESTROOM 107 STAGE ' - 10" 7' - 1" MEN'S RESTROOM SF ' - 6" ADDITIONAL DINING SF LOUNGE SF ' - 8" ' - 1" WOMEN'S EMPLOYEE RESTROOM SF ALCOHOL STORAGE SF HOOD TO ROOF HOST UP OLYMPIC BLVD. ENTRANCE EXIT (E) STAIRS ' - 4" DRY STORAGE SF ' - 0" ' - 9" CIRCULATION COFFEE BAR 265 / RESTAURANT FLEX SPACE SF BAR SF ' - 4" (E) STAIRS OLIVE STREET ENTRANCE UP MAIN DINING SF TN N EXIT ' - 7" 347 SF SIDEWALK OUTDOOR SEATING 115 OLIVE STREET 1ST FLOOR CUB PLAN 1/8" = 1'-0" 1 AREAS AND SEAT COUNT ROOM NUMBER ROOM NAME AREA WALL (E) WALL AREA NOT INCLUDED 5'-0" DIA CLR SPACE LEGEND 30" X 48" CLEAR SPACE SEAT COUNT 101 LOUNGE STORAGE MAIN DINING BAR COFFEE BAR / RESTAURANT FLEX SPACE 105 ADDITIONAL DINING MEN'S RESTROOM WOMEN'S RESTROOM KITCHEN WALKIN COOLER WALKIN FREEZER MEN'S EMPLOYEE 53 RESTROOM 112 WOMEN'S EMPLOYEE 54 RESTROOM 113 ALCOHOL STORAGE DRY STORAGE OUTDOOR SEATING TRASH ROOM 233 TOTAL REVISIONS: JOB NO.: DATE: SCALE: SHEET TITLE: RESERVE LOFTS /8" = 1'-0" 409 W. OLYMPIC BLVD. LOS ANGELES, CA CUP / CUB PLANS CUB / CUP PLAN SHEET NUMBER: A101

22 PROJECT INFORMATION 7/21/2014 8:07:31 PM BUILDING INFORMATION BUSINESS NAME: PROJECTADDRESS: RESERVE LOFTS 409 W. OLYMPIC BLVD. LOS ANGELES, CA GRAND AVE 5 STORY OFFICE BUILDING PARIKING STRUCTURE LEGAL INFORMATION PROPERTY AREA: ACCESSOR PARCEL NO.: TRACT: BLOCK: LOT: ARB: MAP REFERENCE NO.: PARCEL ID NO.: PLANNING AREA: 25,371.4 SF , TR 1869 NONE FR B NONE M B A CENTRAL CITY SURFACE PARKING LOT ALLEY WEST OLYMPIC BLVD RESERVE LOFTS 409 W. OLYMPIC BLVD. LOS ANGELES, CA SOUTH OLIVE STREET 1 STORY RETAIL BUILDING 1 STORY RETAIL BUILDING PLANNING & ZONING INFORMATION ZONING: ZONING INFO: GENERAL PLAN LAND USE: GOVERNING JURISDICTION: ADAPTIVE REUSE INCENTIVE AREA: TOTAL SITE AREA: LANDSCAPING (% OF SITE): SITE: 409 W. OLYMPIC BLVD. LOS ANGELES, CA [Q]R5-4D ZI-2385 GREATER DOWNTOWN HOUSING INCENTIVE AREA ZI-2374 LOS ANGELES STATE ENTERPRISE ZONE HIGH DENSITY RESIDENTIAL CITY OF LOS ANGELES DOWNTOWN 25,371.4 SF 0 VICINITY MAP RESERVE LOFTS 409 W. OLYMPIC BLVD. LOS ANGELES, CA CUP / CUB PLANS THIS DRAWING AND THE INFORMATION CONTAINED HEREIN ARE THE COPYRIGHTED WORK OF OMGIVNING ARCHITECTS AND MAY NOT BE REPRODUCED WITHOUT WRITTEN PERMISSION. SURFACE PARKING LOT SURFACE PARKING LOT 1 STORY RETAIL BUILDING 1 STORY RETAIL BUILDING 1 STORY VACANT BUILDING SURFACE PARKING LOT N TRUE NORTH MIDWAY PL 9 STORY MIXED USE RESIDENTIAL PROJECT UNDER CONSTRUCTION SITE PLAN 1/32" = 1'-0" 1 AREAS AND SEAT COUNT ROOM NUMBER ROOM NAME AREA NO PARKING REQUIRED NO PARKING PROVIDED PARKING SEAT COUNT 101 LOUNGE STORAGE MAIN DINING BAR COFFEE BAR / RESTAURANT FLEX SPACE 105 ADDITIONAL DINING MEN'S RESTROOM WOMEN'S RESTROOM KITCHEN WALKIN COOLER WALKIN FREEZER MEN'S EMPLOYEE 53 RESTROOM 112 WOMEN'S EMPLOYEE 54 RESTROOM 113 ALCOHOL STORAGE DRY STORAGE OUTDOOR SEATING TRASH ROOM 233 TOTAL REVISIONS: JOB NO.: DATE: SCALE: SHEET TITLE: SHEET NUMBER: 1/32" = 1'-0" COVER PAGE / CUB / CUP PLOT PLAN G000

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