CITY OF LOS ANGELES CALIFORNIA

Transcription

1 LlNN K. WYAlT CHIEF ZONING ADMINISTRATOR ASSOCIATE ZONING ADMINISTRATORS R. NICOLAS BROWN SUE CHANG LOURDES GREEN CHARLES J. RAUSCH, JR. JIM TOKUNAGA FERNANDO TOVAR DAVID 5. WEINTRAUB MAYA E. ZAITZEVSKY CITY OF LOS ANGELES CALIFORNIA ERIC GARCETTI MAYOR DEPARTMENT OF CITY PLANNING MICHAEL J. LOGRANDE DIRECTOR OFFICE OF ZONING ADMINISTRATION 200 N. SPRING STREET, 7'" FLOOR LOS ANGELES, CA (213) FAX: (213) November 14,201 3 Manuel Torres (A) Mercado Mexico 3554 East Whittier Boulevard Los Angeles, CA Simon Bibayoff (0) P. 0. Box 2415 La Habra, CA Franco Jasso (R) A & B Liquor License Specialist Lesser Street Norwalk, CA CASE NO. ZA (CUB) CONDITIONAL USE 3554 Whittier Boulevard Boyle Heights Planning Area Zone : [Q]C2-1 D. M. : 121,5A227 C.D. : 14 CEQA ENV MND(REC 1) Legal Description: Por. Lot 4 and Lots 5 and 6, M.L. Wicks Tract Pursuant to Los Angeles Municipal Code Section W, 1, I hereby APPROVE: a Conditional Use to permit the continued sale and dispensing of beer and wine for off-site consumption in conjunction with an existing market, upon the following additional terms and conditions: 1. All other use, height and area regulations of the IWunicipal 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. 2. The use and development of the property shall be in substantial conformance with the plot plan submitted with the application and marked Exhibit "A", except as may be revised as a result of.this action. 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. AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

2 CASE NO. ZA (CUB) PAGE 2 5. 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 Development Services Center and the Department of Building and Safety for purposes of having a building permit issued. 6. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action or proceedings against the City or its agents, officers, or employees relating to or to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 7. This authorization shall be for the sale and dispensing of beer and wine only for offsite consumption. No on-site consumption or restaurant use is authorized by this grant. 8. The market shall not exceed 2,752 square feet. 9. Hours of operation shall not exceed 8 a.m. to 8 p.m. daily. 10. A minimum of 10 parking spaces shall be provided on-site for the market use. 11. No coin operated amusement devices, video games or similar game activities shall be maintained on the premises. 12. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises, including the sidewalk and the parking lot, over which the applicant has control. 13. Conditions of approval shall be maintained on the premises at all times and produced immediately upon request of the Police Department, the Department of Building and Safety or other government entity. All licenses, permits and conditions shall be posted in a conspicuous location at the facility. Additionally, a copy shall be provided to all employees who shall sign an acknowledgment form stating that they have read and understood all of the ABC and conditional use permit conditions. Said form shall be maintained at the location by the owner and/or manager who shall present it to Police personnel, ABC investigators or any other City agency upon request. 14. The applicant sliall not pern-~it any loitering on the prerr~ises or on property adjacent to the subject premises. 15. The applicant shall secure a City permit decal denoting approval of alcoholic beverage sales from a Planning Department public counter and mount it on either the inside of the window of the subject site facing the street or on the outside of the building (if inside mounting is not possible). The decal shall be visible at all times. 16. An electronic age verification device which can be used to determine the age of any individual attempting to purchase alcoholic beverages shall be installed on the

3 CASE NO. ZA (CUB) PAGE 3 premises at each point-of-sale location. This device shall be maintained in operational condition and all err~ployee shall be instructed in its use prior to the sale of any alcoholic beverage. 17, The applicant owner and on-site manager(s) shall comply with all applicable laws and conditions and shall properly nianage the facility to discourage illegal and criminal activity on the subject premises and any accessory parking areas over which they exercise control, including insuring that no activities associated with narcotics sales, use or possession, gambling or prostitution occur. 18. Within 90 days of the effective date of this action, the public telephone on the leasehold shall be removed from the sidewalk. The telephone may be relocated indoors within the market. 19. The applicant shall maintain on the premises and present upon request to any enforcement agency, a copy of the Business Permit and Insurance Information. Within six months of the effective date this action, all managers and employees involved with the sale of alcoholic beverages who have not received training during the prior 12 months, shall enroll in the Los Angeles Police Department "Standardized Training for Alcohol Retailers (STAR)". Upon completion of such training, the applicant shall request the Police Department to issue a letter identifying which employees completed the training. The applicant shall transmit a copy of,the letter from the Police Department to the Zoning Administrator as evidence of compliance. All new employees shall complete the STAR program within 60 days of hire and then every 12 months thereafter. 21. A security camera system shall be maintained that provides surveillance of all of the premises' exterior and interior areas and high-risk areas for the safety of its customers. The tapes shall be maintained for a minimum of 30 days and made available to the Police Department, the Department of City Planning or another City or enforcement public agency upon request 22. The environmental mitigation measures identified in ENV WIND-RECI shall be incorporated as conditions of this grant, as noted below: a. The plans shall incorporate design guidelines relative to security, semi-public and private spaces which may include but not be limited to access control to the building, secured parking facilities, wallslfences with key systems, wellilluminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrance in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. At any time during the effective period of this grant, should documented evidence be submitted showing continued violation of any condition of this grant, resulting in an unreasonable level of disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Zoning Administrator reserves,the right to require the applicant to file for a plan approval application together with associated fees, the purpose of which will be to hold a public hearing to review the applicant's compliance with and,the effectiveness of these Conditions. The applicant shall prepare a radius map and cause a notification to be mailed to all owners and

4 CASE NO. ZA (CUB) PAGE 4 occupants of properties within a 500-foot radius of the property, the Counc~l Office, and the Los Angeles Police Department corresponding Division. The applicant shall also submit a summary and any supporting documentation of how compliance with each condition of this grant has been attained. Upon this review the Zoning Administrator may modify, add or delete conditions, and reserves the right to conduct this public hearing for nuisance abatenientlrevocation purposes. 24. The authorization granted herein for the sale of alcohol, specifically beer and wine, is for a period of seven (7) years from the effective date of this grant. Thereafter,,this authorization shall become null and void and a new request to continue the sale of alcohol will be required. Within 30 days of the effective date of this qrant, 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 conditio~is attached must be submitted to the Development Services Center for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided to the Zoning Administrator for attachment to the subject case f~le. OBSERVANCE OF CONDI'TIONS - '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 RlllSDERllEANOR Section 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 p~rrsuant to the authority of this chapter, shall constitute a violation of this chapter and sliall be subject to,the same penalties as any other violation of this Code."

5 CASE NO. ZA (CUB) PAGE 5 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 DECEMBER 2, 2013, unless an appeal therefrom is filed with the Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that impetfections/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 Departnient of City Planning on or before the above date or the appeal will not be accepted. Forms are available on-line at Public offices are located at: Figueroa Plaza Marvin Braude San Fernando 201 North Figueroa Street, Valley Constituent Service Center 4th Floor 6262 Van Nuys Boulevard, Room 251 Los Angeles, CA Van Nuys, CA (213) (818) If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section , 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 There may be other time lirr~its which also affect your ability to seek judicial review. NOTICE The applicant is further advised that all subsequent contact with this office regarding this determination must be with the Zoning Administrator who acted on the case. This would include clarification, verification of condition corrtpliance and plans or building perrnit 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 November 5,2013, 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 permit under the provisions of Section W have been established by the following facts:

6 . / CASE NO. ZA (CUB) PAGE 6 BACKGROUND The site is a level, rectangular, approximately 17,944 square-foot property, with an even depth of approximately 172 feet, which is comprised of three parcels having a total of 104 feet of frontage on the south side of Whittier Boulevard and backing onto an alley in the Boyle Heights community. -The property is in the East Los Angeles State Enterprise Zone, the Adelante Eastside Redevelopment Project area, and the Central City Revitalization Zone. The property is improved with the approximately 2,752 square-foot Mercado Mexico, which is a neighborhood food market, an approximately 3,404 square-foot building previously used as a bakery but currently vacant, two enclosed mechanicallstorage areas, a surface parking lot, and a fenced-off refuse and scrap area. The property is zoned [Q] C2-1; the "Q" limits the use of the property to the existing development, which upon abandonment may be used only for uses permitted in the C1.5 Zone. Whittier Boulevard is characterized by neighborhood retail, restaurants, and services, with,the recent emergence of multiple-family dwelling projects along Whittier Boulevard, and 2, 3, 4 and 5-unit multiple-family buildings across the alley and fronting Siskiyou Street. Northerly adjoining and abutting properties, across Whittier Boulevard, are zoned [Q]C2-1 and under construction for a five story, 60-unit low and very low income apartment project and a five-story, 78-unit low and very low income senior housing project. The easterly adjoining property is zoned [Q]C2-1 and improved with a single-family dwelling that is currently for lease for commercial use and was previously used as a car dealership. Southerly adjoining and abutting properties, across an alley, are zoned RD1.5-1 and improved with low-density multiple-family dwellings. The westerly adjoining property is zoned [Q] C2-1 and improved with a trash container1 waste hauling business. Whittier Boulevard, adjoining tlie site 011 the north, is designated as a Secondary Highway, dedicated to a width of 82.5 feet, and improved with asphalt roadway and concrete curb, gutter and sidewalk. An allev, adjoining the site on the south, is designated as a public right-of-way, dedicated to a width of 15 feet and improved with asphalt roadway. Previous zoning related actions on the sitelin the area include: Subject Property Case No. ZA (CUB) - On February 8, 2006, the Zoning Administrator approved, for a period of five years, a conditional use to permit the sale and dispensing of beer and wine only for off-site consumption in conjunction with an existing 2,752 square-foot grocery and meat market, with hours of operation from 8 a.m. to 8 p.m. The grant expired on February 23, Surrounding Property Case No. ZA (ZV)(ZAD)- On February 8,2006, the Zoning Administrator dismissed a request for a conditional use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption (applicant withdrew request for

7 CASE NO. ZA (CUB) PAGE 7 on-site sale of alcohol); denied a request for a variance from the "Q" condition restricting new uses to those permitted in the C1.5 Zone to allow public dancing and entertainment as not otherwise permitted; and denied a Zoning Administrator's Determination to permit two or more uses to share off-street parking spaces, all in conjunction with the conversion of a 6,283 square-foot furniture warehouse to a banquet hall with occupancy of 300 persons and 785 seats, having hours of operation from 5 p.m. to 12 midnight Saturdays only. CONDI'I'IONS IDENTIFIED FOR CONSIDERA'TION BY THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RELATIVE TO 'THE SALE AND DISTRIBUTION OF ALCOHOLIC 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 andlor 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. No alcohol shall be allowed to be consumed on any adjacent property under the control of the applicant. Beer shall be sold in minimum six-pack quantities. 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 W of the Los Angeles Municipal Code. In order for the sale of beer and wine for 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. FINDINGS Following (highlighted) is a delineation of the findings and the application of the relevant facts to same: 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.

8 CASE NO. ZA (CUB) PAGE 8 The subject project entails a request to continue the sale of beer and wine for offsite cons~~mption in an existing grocery and meat market in Boyle Heights. The market was previously perrrlitted to sell beer and wine under a conditional use grant [Case No. ZA (CUB)], which was approved February 8,2006. The grant has expired, and the subject request represents a new application to continue to sell beer and wine at the market with no proposed changes to the existing operation. The applicant has operated the subject market since The market provides groceries, meat, and takeout food to local residents and is expected to continue to serve the current and the future residents anticipated at a new residential development across Whittier Boulevard. The applicant has not requested any changes from the prior action. The hours remain 8 a.m. to 8 p.m., which are very reasonable. There is an ample parking lot adjacent to the market with more parking spaces available than would otherwise be required for the market use. The parking lot would also have been designed to serve an on-site bakery building which is not in use currently. The operation represents a market and not a liquor store. According to the applicant, no single cans of beer are sold, instead these are sold in rr~inimum six-pack units. Two representatives of the Police Department testified at the public hearing and indicated that they did not oppose the request and that there had been no problems attributed to this location. No other testimony or correspondence was received on this matter. The market still represents an operation which continues to serve a variety of community needs. The proposed use and request, as conditioned, is intended to maintain compatibility with the surrounding uses and to provide for a full-service market. Thus, as conditioned, the use will continue to provide a service that is beneficial to the local community. 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 grant authorized herein incorporates a number of conditions which have been irrlposed upon the use as well as many which were imposed in the prior grant. These conditions continue to make the use more compatible with other uses in the surrounding community. The request does not alter the nature of development as it does not introduce a new use into the area. The applicant has also volunteered alcohol-specific conditions, which can be imposed through the jurisdiction of the State of California Department of Alcoholic Beverage Control. These voluntary conditions are noted in.this determination under the Background information section and are referred to the State to impose as it deems appropriate. The conditions will continue to make the use more compatible with other uses in the surrounding community. Conditio~is include but are not limited to alcohol-service training for employees, camera surveillance and clean-up of trash and debris. Under the prior grant issued in 2006, one of the conditions required that any public telephone on the leasehold be moved indoors. The existing public telephone has not beer1 removed in accordance with this condition. At the public hearing on,the matter, the applicant's brother indicated that the applicant had control of the lease on the phone and that it was feasible to remove or relocate the phone indoors. A

9 CASE NO. ZA (CUB) PAGE 9 condition of this grant establishes a deadline for such compliance to be obtained. As noted, the operating hours have not been changed and they remain reasonable. The grant is approved for a period of seven years. After such time, a new authorization to continue the sales of alcohol will be necessary. This assures that the City has an opportunity to review anew the conduct of,the operation. If the operation has been conducted in a manner which has not created nuisance impacts for the surrounding area, then that type of record will help the applicant in justifying a grant of a request. If however, the operation has generated nl-~isance problems, then,this can be weighed in any future action to approve or deny the request, without the need to resort to a lengthy revocation procedure. Thus, as conditioned, the use is anticipated to not degrade adjacent areas, properties, or the neighborhood. 3. The project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any specific plan. The Boyle Heights Community Plan designates the property for Highway Oriented and Highway Oriented and Limited Commercial land uses, with corresponding zones of C1, C2, RAS3, and P, and Height District No. 1. The permanent "Q" condition limits new uses to those permitted in the C1.5-1 Zone, but does not affect the proposed request. The property is not within an area regulated by specific plan. The property is planned and zoned for commercial uses. A retail store is permitted by right. The conditional authorization for the sale of alcoholic beverages for off-site consumption is allowed through the approval of the Zoning Administrator subject to certain findings. The required findings have been made herein. 4. The proposed use will not adversely affect the welfare of the pertinent community and 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 State of Califorr~ia Department of Alcoholic Beverage Control (ABC) licensing criteria, 2 on-sale and 2 off-sale licenses are allocated to subject Census Tract No There are currently 3 on-site and 3 off-site licenses in this Census Tract. Within a 1,000-foot radius of the subject property, the following types of alcoholic beverage licenses are active or pending: (3) Type 20 Off Sale Beer and Wine

10 CASE NO. ZA (CUB) PAGE 10 (0) Type 21 Off Sale General (0) Type 40 On Sale Beer (0) Type 41 On Sale Beer and Wine - Eating Place (0) Type 42 On Sale Beer and Wine - Public Premises (0) Type 47 On Sale General - Eating Place (0) Type 48 On Sale General - Public Premises The request does not result in the addition of a new license. This grant is approved for a lirr~ited term of seven years which allows for a review of the grant in its entirety at the end of such term and of an evaluation of any impacts associated with any future potential increase in licenses within this census tract. Statistics from the Los Angeles Police Department reveal that in the subject Crime Reporting District No. 479, which has jurisdiction over the subject property, a total of 128 crimes were reported in 2012, compared to the citywide average of 146 crimes and the high crime reporting district average of 176 crimes for the same period. In 2012, there were 13 Narcotics, 0 Liquor Law, 0 Public Drunkenness, 0 Disturbing the Peace, 0 Disorderly Conduct, and 13 DWI related arrests. These nurr~bers 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 rate numbers are lower than those identified for the citywide average. Additionally, the Police Department was represented at the hearing and officers indicated no opposition to the request based on a positive track record of tlie operation. 5. 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 following sensitive uses were observed within a 1,000-foot radius of the subject property: Odd Fellows Cemetery Whittier Boulevard La Prociuncula Church Percy Street Robert Louis Stevenson Middle School South Indiana Street Robert Louis Stevenson Library Spence Street There are a variety of uses in the area. Whittier Boulevard is a commercial corridor which also is developed with a mixture of existing and under construction new residential units. This diversity amongst uses is not uncommon. This grant has placed numerous conditions on the request and not authorized uses of the property, which might create potential nuisances for the surrounding area. Such imposition of conditions, as well as the imposition of a seven-year term grant, will make the use a more compatible and accountable neighbor to the surrounding uses than would otherwise be the case.

11 <. CASE NO. ZA (CUB) PAGE 11 ADDITIONAL MANDATORY FINDINGS 6. 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 C, areas of minimal flooding. 7. On October 22, 2013, an Addendum to a Mitigated Negative Declaration (ENV MND-RECI) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that with irr~position of,the mitigation measures described in the MND (and identified in this determination), there is no substantial evidence that the proposed project will have a significant effect on the environment. I hereby adopt that action. This Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. The records upon which tl- is decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. Inquiries regarding this matter shall be directed to Phyllis Nathanson, Planning Staff for the Office of Zoning Administration. PHYLLIS NATHANSON Project Planner Direct Telephone No. (21 3) LOURDES GREEN Associate Zoning Administrator cc: Councilmember Jose Huizar Fourteenth District Adjoining Property Owners