RECOMMENDATION REPORT

Transcription

1 DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT WEST LOS ANGELES AREA PLANNING COMMISSION Date: September 17, 2008 Time: after 4:30 p.m.* Place: Henry Medina West Los Angeles Parking Enforcement Facility W. Exposition Boulevard 2 nd Floor Roll Call Room Los Angeles, CA Public Hearing: August 4, 2008 Appealable Status: City Council Expiration Date: September 20, 2008 CASE NO.: APCW SPE-CUB ZV-CDP-SPP CEQA No.: ENV MND Related Case: None Council No.: 11 Plan Area: Venice Specific Plan: Venice Coastal Zone Certified NC: Venice GPLU: Community Commercial Zone: C2-1 Applicant: Marina Pacific Hotel Representative: Clare Bronowski PROJECT LOCATION: 1697 Pacific Avenue PROPOSED PROJECT: Expansion of alcohol service area and restaurant dining from the existing indoor and outdoor ground floor café (serving 72 patrons) and a proposed conversion of an existing roof deck to a 1,700 square foot dining area that will accommodate an additional 92 patrons, for a total of 164 patrons and to permit an upgrade of an existing beer and wine license to a full line of alcoholic beverages for on site consumption all in conjunction with an existing 5-story, 122 room hotel. The project is located on a 28,052 square foot site classified in the C2-1 Zone and also located within the boundaries of the Venice Coastal Zone Specific Plan. REQUESTED ACTIONS: 1. Pursuant to Section F of the Municipal Code, an Exception from Section 13.D of the Venice Coastal Zone Specific Plan (Ordinance No. 175,693) to provide zero (0) additional parking spaces in lieu of the minimum 17 additional parking spaces required in conjunction with the 1,700 square foot conversion of the roof deck into a dining area. 2. Pursuant to Section W.1 of the Municipal Code, a Conditional Use to upgrade the hotel s existing beer and wine license to a full line of alcoholic beverages and to permit the expansion of alcohol service area from the existing ground floor indoor and outdoor café (72 patrons) to the new roof deck outdoor café that will accommodate an additional 92 patrons (total 164 patrons). 3. Pursuant to Section of the Municipal Code, a Variance from Section A.1(b)(3) to permit the consumption of food and beverages, including alcoholic beverages, to take place outdoors on the roof of an existing 5-story hotel in lieu of being conducted in a ground floor restaurant or entirely within a completely enclosed building as is otherwise permitted. 4. Pursuant to Section a Coastal Development Permit for the proposed expansion of the existing café on the ground floor to the roof deck and the expansion of alcohol service from the existing café on the ground floor to the roof deck. 5. Pursuant to Section of the Municipal Code, a Project Permit Compliance determination with the Venice Coastal Zone Specific Plan. RECOMMENDED ACTIONS: 1. Approve a Specific Plan Exception from Section 13.D of the Venice Coastal Zone Specific Plan to provide zero (0) additional parking spaces, subject to the attached Conditions of Approval. 2, Approve a Conditional Use to upgrade the hotel s existing beer and wine license to a full line of alcoholic beverages and to permit the expansion of alcohol service area from the existing ground floor indoor and outdoor café to the new roof deck outdoor café, subject to the attached Conditions of Approval. 3. Approve a Variance from Section A.1(b)(3) to permit the consumption of food and beverages, including alcoholic beverages, to take place outdoors on the roof of an existing 5-story hotel.

2 4. Approve Coastal Development Permit for the expansion of the existing café on the ground floor to the roof deck and the expansion of alcohol service from the existing café on the ground floor to the roof deck. 5. Approve Project Permit Compliance with the Venice Coastal Zone Specific Plan. 6. Adopt Mitigated Negative Declaration No. ENV MND. 7. Adopt the attached Findings. 8. Advise the applicant that, pursuant to California State Public Resources Code Section , the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring. S. GAIL GOLDBERG, AICP Director of Planning Betsy Weisman, Principal City Planner Jim Tokunaga, Hearing Officer (213) ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 532, City Hall, 200 North Spring Street, Los Angeles, CA (Phone No ). While all written communications are given to the Commission for consideration, the initial packets are sent the week prior to the Commission=s meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to its programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213)

3 TABLE OF CONTENTS Project Analysis...1 Project Summary Prior Relevant Case Surrounding Land Use and Zoning Issues Conclusion Conditions of Approval...3 Entitlement Conditions Alcoholic Beverage Conditions Roof Deck Conditions Environmental Conditions Administrative Conditions Findings...8 General Plan Land Use Designation General Plan Text Transportation Sewerage Facilities Element Specific Plan Exception Alcoholic Beverage Conditional Use Zone Variance Coastal Development Permit Project Permit Compliance Environmental Public Hearing and Communications...16 Exhibits A-Site Plans B-Vicinity Map C-Radius Map

4 APCW SPE-CUB-ZV-CDP-SPP 1 Project Summary PROJECT ANALYSIS The subject property consists of a flat, irregularly-shaped, approximately 28,052 square foot parcel of land zoned C2-1 located at 1697 Pacific Avenue in the North Venice Subarea of the Venice Coastal Zone Specific Plan Area at the northwest corner of Pacific Avenue and 17th Avenue. The site is currently developed with an 88,000 square foot five story hotel standing feet in height. The 122-room hotel consists of five-stories with an indoor and outdoor café on the ground floor, with two levels of parking totaling 110 spaces (45 at-grade, 65 subterranean). The existing cafe seats 72 patrons facing Pacific Avenue. The existing roof deck is proposed for use as 1,700 square foot outdoor café to accommodate an additional 92 patrons. There is no new construction proposed other than the improvements to the roof deck and outdoor patio area. Prior Relevant Case. APCW SPE-ZV-CU-SPP-CDP. Approved by the City Council on appeal on October 30, This project involved the addition of the fifth floor to the existing hotel and added 30 guest rooms. Discretionary requests at that time included Specific Plan Exceptions to increase the height, allow access from Pacific Avenue, exceed the permitted floor area, and to maintain the existing parking spaces. In addition a Conditional Use Permit was granted to allow the expansion of the hotel, a Project Permit Compliance and Coastal Development Permit were also issued. Surrounding Land Use and Zoning North across Windward Court is a series of commercial uses and a parking lot. The structures are mostly two stories in height and the properties are zoned C2-1. South across 17 th Avenue is a parking lot zone [T][Q] c2-1-o,an apartment building with approximately units zoned RD1.5-1-O, and a one story café and adjoining parking lot also zoned RD1.5-1-O. East across Pacific Avenue are a variety of low rise commercial uses zoned C2-1-O. West across Speedway Alley are parking lots and open air sales on lots zoned C2-1. Issues The most significant issues brought out during the public hearing and in letters are: C noise level from the proposed expanded cafe C hours of operation for the proposed expanded café C spillover parking into the residential neighborhood Those supporting the project point to the convenience and service it provides tourists and visitors of local residents. Conclusion The Planning Department is recommending approval of the proposed project and accompanying entitlements. Many of the concerns expressed by those not in support of the project have been

5 APCW SPE-CUB-ZV-CDP-SPP 2 addressed as Conditions of Approval. Specifically the issue of noise was repeated by several people and the Neighborhood Council. The Applicant submitted a Noise Study (Gordon Bricken & Associates, April 15, 2008) that concludes that while noise created by patron voices, amplified music, and service oriented sounds such as clinking dishes and glasses will occur, these sounds are intermittent and not likely to affect the overall average noise level. If such service oriented noise ever became continuous over the 15 minute compliance duration, patrons themselves would become annoyed. The most dominant noise source will likely be patron voices. Based on the noise study, the project s noise level will not exceed the allowed commercial or residential noise limits in the day or night periods nor will they exceed existing ambient noise levels. Mitigation measures were recommended in the noise study and have been included as Conditions of Approval. Parking was also an issue. A parking use study was prepared and submitted by the Applicant as part of the application. The study (Arthur L. Kassan, November 2007), took counts on four days in September of The findings of the study show that even at 100% occupancy rate (rare), there would be a minimum of 12 surplus parking spaces at the time of maximum parking usage for the entire day (which would occur after 1:00 a.m.). At a more likely hotel occupancy of 85%, there would be a minimum of 27 surplus parking spaces at the time of maximum parking usage. The hotel itself caters to a tourist trade and many of the guests arrive at the hotel via airport shuttles and vans. Venice Beach is a destination location and many simply stay at the hotel and utilize the existing neighborhood services during their stay. The hotel is not geared towards a large conference or convention type trade. The Applicant has agreed to a one year Plan Approval to visit the issues related to noise and parking in order to provide reassurance to local residents that the hotel will comply and make every effort to control excess noise and traffic. If after one year there is a problem with noise and traffic, the Planning Department may impose additional conditions. With conditions in place to mitigate potential impacts, the use of the hotel rooftop deck can be an asset to the community and visitors in providing a dining atmosphere that is open air, with views to the ocean as well as city views. Such amenities are currently not available in Venice and the hotel site offers an opportunity to increase visitor serving business in the community.

6 APCW SPE-CUB-ZV-CDP-SPP 3 A. Entitlement Conditions CONDITIONS OF APPROVAL 1. Use. The conditional use of the property shall be limited to the continued use and maintenance of a hotel and associated facilities in the C2-1 Zone. The project as approved is for the conversion of the outdoor rooftop area into a rooftop dining area for a maximum of 92 patrons. The ground floor café and outdoor patio shall not exceed a maximum of 72 patrons. 2. Site Plan. The development of the subject property shall be in substantial compliance with the site plan, floor plans, and landscape plans labeled AExhibit A@ dated September 17, 2008, and attached to the subject case file, except as modified by this action for height. Prior to the issuance of any permits for the subject project, detailed development plans shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. The location of the fixed planters and dividers to maintain four separate seating areas shall be maintained at all times. 3. Hours of Operation. Hours of operation for the rooftop dining, ground floor café and patio with alcohol service shall be limited to the following: a. Café (Ground Floor). Monday through Sunday, 6:00 a.m. to 1:00 a.m. b. Roof Deck Dining. Fall/Winter Hours (October through April) Sunday through Thursday,7:00 a.m. to 11:30 p.m. Friday and Saturday, 7:00 a.m. to 12:30 a.m. Spring/Summer Hours (May through September Sunday through Thursday, 7:00 a.m. to midnight Friday and Saturday, 7:00 a.m. to 1:00 a.m. c. Meeting Rooms. Sunday through Thursday, 6:00 a.m. to 1:00 a.m. Friday and Saturday, 6:00 a.m. to 1:30 a.m. d. Room Service and Mini Bars. 24 hours or as permitted by State License 4. Lighting. Lighting from the project shall be directed away from residential areas. 5. Automobile Parking. The hotel shall maintain 110 on-site parking spaces. Valet parking shall be available during operating hours. 6. Bicycle Parking. The hotel shall provide a validated bicycle check service for all hotel guests and restaurant patrons. 7. Plan Approval. One year from the start of food and beverage service on the roof deck, the Applicant shall file a application for Plan Approval with the Department of City Planning, accompanied by appropriate fees, and notification for a 500-foot radius of property owners and occupants. a. The Department of City Planning shall conduct a public hearing before making a determination. The Plan Approval review shall focus on the adequacy of the parking

7 APCW SPE-CUB-ZV-CDP-SPP 4 being provided, the adequacy of the valet service, and assess neighborhood impacts from food and alcohol service on the rooftop deck including noise and traffic impacts. b. Based on the application and other input received from the community, the City Planning Department may impose additional corrective conditions, including but not limited to further restrictions on occupancy of the roof deck, or the hours of food and beverage service, if such additional conditions are proven necessary. c. Prior to the submission of the Plan Approval application with the City, the Applicant shall consult with the Venice Neighborhood Council. The Applicant shall provide minutes and summaries of the neighborhood council meetings as part of the application package. d. This Plan Approval requirement shall supercede the plan approval required for the property pursuant to APCW SPE-ZV-CU-CDP-SPP effective November 13, B. Alcoholic Beverage Conditions 8. Conditional Use Permit (CUB) to permit the on-site sale and consumption of a full line of alcohol in conjunction with a hotel including; (1) to permit the sale and consumption of a full line of alcohol in conjunction with the restaurant use which includes an outdoor rooftop dining area, (2) permit the sale and consumption of a full line of alcohol in conjunction with the hotel ground floor café, (3) to permit a full line of alcoholic beverages to be provided in liquor cabinets to be located with the hotel guest rooms, and (4) to permit the sale of a full line of alcoholic beverages by way of room service. The following conditions shall apply to the serving of alcoholic beverages: a. 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 maybe revised as a result of this action or future Plan Approval. b. The quarterly sales of alcoholic beverages shall not exceed the gross sales of food for the same period in the restaurant facility. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department of City Planning and Los Angeles Police Department upon reasonable notice. c. The alcoholic beverage license for the restaurant shall not be exchanged for "public premises" licenses unless approved through a new conditional use authorization. "Public Premises" is defined as a premise maintained and operated for sale or service of alcoholic beverages to the public for consumption on the premises, and in which food is not sold to the public as a bona fide eating place. d. There shall be a full-service kitchen and a full menu and the hotel kitchen shall be open and food shall be available for purchase at all times that alcohol s served. e. Mini-bars located within hotel guest rooms shall not be limited in the hours of alcohol service. The in room liquor cabinet shall be locked and only available to those guests 21 years or older.

8 APCW SPE-CUB-ZV-CDP-SPP 5 f. The owners, operators, managers, and all employees serving alcohol to patrons shall enroll in and complete a certified training program that is recognized by the State Department of Alcoholic Beverage Control for the responsible service of alcohol. This training shall be completed by new employees within four weeks of employment and shall be completed by all employees serving alcoholic beverages every 24 months. g. Within nine months of the effective date of this action, all personnel who serve alcoholic beverages and who have not received such training within the past year, shall attend the Standardized Training for Alcohol Retailers (STAR) sponsored by the Los Angeles Police Department. Upon completion of such training, the applicant shall request the Police Department to issue a letter identifying which employees completed the training and shall transmit a copy of the letter to the Planning Department as evidence of compliance. All new shall be required to complete this training within three months of hire date. h. The applicant and any future ABC Licensee shall ensure that no alcoholic beverages, which are purchased within any establishment, are consumed on any property adjacent to the licensed premises that is under the control of the Licensee, including the driveway and sidewalk adjacent to the hotel i. Sales of alcoholic beverages shall only be made from behind a counter where an employee of the restaurant/café obtains the product. No self-service of alcoholic beverages shall be permitted j. No Happy Hour or reduced price drinks shall be permitted. k. There shall be no exterior advertising of any kind or type, including advertising directly to the exterior of the hotel from within, promoting or indicating the availability of alcoholic beverages. C. Roof Deck Operations (Volunteered by the Applicant) 9. Complaint Log. The Applicant shall provide a community liaison with a phone number to be answered during all operating hours to address any neighbor concerns. The community liaison will keep a log of all complaints received from an individual willing to leave their name and address, including the nature of the complaint and the response to and resolution of the complaint. 10. Live Entertainment. No amplified live entertainment shall be permitted on the roof deck. Non amplified entertainment may be permitted, provided that after 8:00 p.m. (seven days a week), live entertainment on the roof deck shall be limited to a single non-amplified performer with a single non-amplified instrument, except that no piano shall be permitted on the roof deck. 11. Amplified Music. Amplified music on the roof deck or outdoor patios is limited to low level background music with a maximum volume of 60dBA at three feet or less. Speakers shall be installed as recommended by the applicant s acoustical consultant to minimize off site noise impacts.

9 APCW SPE-CUB-ZV-CDP-SPP Paging System. Paging systems on the roof deck or outdoor patio area are prohibited. 13. Television. There shall be no television screens, television equipment or monitors on the roof deck. 14. Dancing. There shall be no dancing permitted on the roof deck or outdoor patio. 15. Video Games. Juke box, video games or arcade games shall be prohibited on the roof deck or outdoor patios. D. Environmental Conditions 16. Aesthetics (Graffiti). The hotel shall maintain the subject property clean and free of debris and rubbish and to promptly remove any graffiti from the walls, pursuant to Municipal Code Sections and Public Services (Police). Building plans shall incorporate design guidelines relative to security, semi-public and private spaces (which may include but not be limited to access control to building), secured parking facilities, walls/fences 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 and building entrances in highfoot traffic areas, and provision of security guard patrol throughout the project site if needed. Refer to Design Out Crime Guidelines: Crime Prevention Through Environmental Design published by the Los Angeles Police Department=s Crime Prevention Section. These measures shall be approved by the Police Department prior to the issuance of building permits. 18. Solid Waste (Recyclable Materials). Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable materials. The hotel shall operate and maintain a recycling program for all food and beverage containers and minimize the use of disposable containers for food and beverage items. E. Administrative Conditions 19. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, review or approval, plans, etc., as may be required by the subject conditions, shall be provided to the Department of City Planning for placement in the subject file. 20. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are more restrictive. 21. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in these conditions shall be recorded in the County Recorder=s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Department of City Planning for approval before being recorded. After recordation, a copy bearing the Recorder=s number and date shall be provided to the Department of City Planning for attachment to the file.

10 APCW SPE-CUB-ZV-CDP-SPP Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation. 23. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning and any designated agency, or the agency=s successor and in accordance with any stated laws or regulations, or any amendments thereto. 24. Building Plans. Page 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the Department of City Planning and the Department of Building and Safety. 25. Utilization of Entitlement. The applicant/owner shall have a period of two years from the effective date of the subject grant to effectuate the terms of this entitlement by either securing a building permit or a certificate of occupancy for the authorized use, or unless prior to the expiration of the time period to utilize the privileges, the applicant files a written request and is granted an extension to the termination period for up to one additional year pursuant to Section C.4(e) of the Municipal Code. Thereafter, the entitlement shall be deemed terminated and the property owner shall be required to secure a new authorization for the use. 26. Project Plan Modifications. Any corrections and/or modifications to the Project plans made subsequent to this grant that are deemed necessary by the Department of Building and Safety, Housing Department, or other Agency for Code compliance, and which involve a change in site plan, floor area, parking, building height, yards or setbacks, building separations, or lot coverage, shall require a referral of the revised plans back to the Department of City Planning for additional review and final sign-off prior to the issuance of any building permit in connection with said plans. This process may require additional review and/or action by the appropriate decision making authority including the Director of Planning, or Area Planning Commission. 27. Corrective Conditions. 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 City Planning Commission, or the Director pursuant to Section of the Municipal Code, to impose additional corrective conditions, if, in the Commission s or Director s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent proper. 28. Idemnification. The applicant shall defend, idemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees 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, idemnify, or hold harmless the City.

11 APCW SPE-CUB-ZV-CDP-SPP 8 FINDINGS 1. General Plan Land Use Designation. The subject property is located within the Venice Community Plan area, which was adopted by the City Council on September 29, 2000 (pursuant to Council File and CPC CPU). The Plan Map designates the subject property for Community Commercial land use with corresponding zones of CR, C2, C4, RAS3, and RAS4. The subject site is zoned C2-1 and consistent with the land use designation. Hotel uses are permitted in the Community Commercial designation and the C2 Zone however conditional use approval is necessary when located within 500-feet of a residential zone. Conditional Use approval was granted in 2002 for the expansion of the hotel to its current configuration. 2. General Plan Text. Chapter III of the Venice Community Plan contains the following Goal, Objectives, and Policies regarding the commercial sector of the plan area. GOAL 2 A strong and competitive commercial sector which promotes economic vitality, serves the needs of the community through well designed, safe and accessible areas while preserving the historic, commercial and cultural character of the community. Objective 2-1 To conserve and strengthen viable commercial development in the community and to provide additional opportunities for new commercial development and services within existing commercial areas. The proposed 1,700 square foot roof deck expansion is to an existing hotel that has been at the present location since The hotel, which is locally owned and operated, contributes to the commercial and pedestrian activity of 17 th Avenue and the nearby Ocean Front Walk, a recognized commercial and tourist district in the Venice community as well as the greater Los Angeles area. The expansion will allow the hotel restaurant to expand its restaurant service and thereby strengthening the economic vitality of the commercial corridor. 3. The Transportation Element of the General Plan will not be affected by the recommended action herein. The hotel is constructed and the proposed project will require only tenant improvements. 4. The Sewerage Facilities Element of the General Plan will not be affected by the recommended action. Sewer facility connections to serve the subject hotel are already in place. 5. Specific Plan Exception Findings. Pursuant to Section F of the Municipal Code. A. The strict application of the policies, standards and regulations of the Specific Plan to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Plan for the following requests. The Applicant is requesting an Exception from the Venice Coastal Zone Specific Plan s parking requirement of one parking space for every 1,000 square feet of service area. The roof deck restaurant expansion involves adding 1,700 square feet of outdoor dining area resulting in an additional on-site parking requirement of 17 spaces. The hotel currently has 122 guest rooms and 110 on-site parking spaces. There are 89 striped parking spaces on two levels in an on-site parking garage, room foe five vehicles

12 APCW SPE-CUB-ZV-CDP-SPP 9 to park in the quarter circle adjacent to the hotel lobby and 16 aisle spaces to be operated by valet parking attendants within the two levels of the parking garage. Based on a hotel parking study (Arthur L. Kassan, November 2007), during average hotel occupancies (85%) there are at least 32 surplus parking spaces available on weekend evenings and 27 surplus parking spaces on weekday evenings. Before 8:00 p.m. there are at least 48 surplus spaces available on weekdays. The hotel peak parking demand occurs after 12 midnight. The parking study concludes that, considering the café and roof deck will attract most of its patronage from hotel guests who are already parked, the surplus parking spaces will accommodate the parking fro non-guests throughout the times that food and beverage service will be open. B. There are exceptional circumstances or conditions that are applicable to the subject property or to the intended use or development of the subject property that do not generally apply to other properties within the Specific Plan area. The hotel is an existing use and not a new use proposed for the site. The subject property is built out and there is no available space on site to locate to locate 17 additional parking spaces. In order to provide parking on-site, significant demolition and remodeling would have to occur to the existing building to physically position 17 parking spaces and is an exceptional circumstance. Without approval of the requested exception the hotel cannot expand onto the roof deck area. A Traffic Study submitted by the applicant and testimony at the public hearing by adjacent residents indicate that the existing parking at the hotel is sufficient and not fully utilized. C. The requested exception is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property within the geographically Specific Plan in the same zone and vicinity but which, because of such special circumstances and practical difficulties or unnecessary hardships is denied to the property in question. The hotel has been located in this area since It is an established business providing visitor serving amenities to its guests as well as a resource for the Venice Beach community where there are few available hotel accommodations. The existing 110 parking spaces provide sufficient parking for the hotel based on recent parking counts. Expanding alcohol service to the rooftop deck is not expected to generate any additional parking needs that cannot be met with the hotel s existing parking spaces. It would be a practical difficulty to require an additional 17 parking spaces as the hotel site is fully developed and provides ample parking for its guests. Alcohol is already served in the existing café and the applicant is requesting only to extend the service to the rooftop deck. D. The granting of the exception will not be detrimental to the public welfare and injurious to property or improvements adjacent to or in the vicinity of the subject property. Conditions have been placed to ensure that the outdoor dining is not a detriment to the surrounding neighborhood. Conditions include; limiting the hours, prohibiting amplification of music and live entertainment, ensuring lighting is directed onto the site and not on adjacent residential properties, and requiring a one year Plan Approval. E. Granting of the exception is consistent with the principles, intent and goals of the specific plan and any applicable element of the General Plan.

13 APCW SPE-CUB-ZV-CDP-SPP 10 The hotel meets the goal of the Specific Plan by providing visitor serving accommodations in the heart of the Venice Beach community. The hotel site is zoned C2 and has been in existence since 1975 although major renovations and expansions have occurred. 6. Conditional Use Findings for On-site Alcoholic Beverage Sales. Pursuant to Section W.1 of the Municipal Code. A. That the proposed use will not adversely affect the welfare of the pertinent community. The proposed project will not adversely affect the welfare of the community and will be proper in relation to the adjacent uses. The addition of a full line of alcohol service is to an existing and established hotel currently serving beer and wine. There have been no violations on file with the Department of Alcoholic Beverage Control or the City of Los Angeles. The hotel is located just east of Ocean Front Walk (Venice Boardwalk) and is surrounded by cafes, retail shops, and restaurants. Multi family residential uses exist across the street from the hotel (south) and east of Pacific Avenue. There will be no exterior signage advertising or promoting the sale of alcoholic beverages at the hotel. B. That 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 Department of Alcoholic Beverage Control licensing criteria, currently the census tract has eleven licenses, two for off-site consumption and nine for on-site. The permitted concentration is three to serve this particular Census Tract. However, the addition of the full line of alcohol is justified because the Applicant is proposing to expand existing alcohol service. Without the requested license, the proposed project would be considered deficient, as onsite alcohol consumption is considered integral to the operation of a quality hotel restaurant, and hotel service. The project has been conditioned to address potential alcohol concerns and will be in conformance with all requirements of the ABC.. C. That the proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration of 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 subject site abuts residential uses immediately across the street (17 th Avenue) to the south. However, the hotel has been serving beer and wine at this location since 1979 without any incidents. Other nearby restaurants serve alcohol in proximity to residential uses as this neighborhood is a urban commercial area especially during the day. There are no schools or churches within 1,000 feet of the subject site. Venice Beach located approximately 200 feet west of the hotel is a public open space area.

14 APCW SPE-CUB-ZV-CDP-SPP 11 The serving of a full line of alcohol is in conjunction with the operation of the hotel and onsite restaurant. Alcohol will not be sold for off-site consumption. Conditions have been placed to ensure that the hotel operators comply with strict state licensing requirements for serving alcohol. Any violation of said conditions may result in both the State and the city revoking ABC license and Conditional Use approval. With enforcement of the conditions of approval, the sale of alcoholic beverages will not detrimentally affect nearby sensitive uses. D. The proposed project will be in harmony with the various elements and objectives of the General Plan. The Venice Community Plan designates the property for Community Commercial land uses with corresponding zones of CR, C2, C4, RAS3, and RAS4. Hotel uses are permitted in these zones however require Conditional Use approval when located within 500 feet of residentially zoned properties. The hotel is operating under Conditional Use approval granted in The use of the property is an appropriate use of the property under the General Plan and is compatible with adjacent and surrounding existing and planned uses. Accordingly, the project is consistent with the purposes, intent and provisions of the General Plan as reflected in the adopted Venice Community Plan. 7. Zone Variance Findings. Pursuant to Section of the Municipal Code, a Zone Variance is necessary from Section A.1(b)(3) to permit dining on the rooftop that is not within a completely enclosed building (rooftop dining will be outdoors). A. That the strict application of the provisions of the Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations. The Applicant is proposing to upgrade its existing alcohol license from beer and wine to a full line of alcoholic beverages and add alcohol service in hotel rooms and a 1,700 square foot rooftop deck in thec2-1 Zone. The construction of the hotel s existing fifth floor was approved in 2002 (APCW SPE-ZV-CU-CDP-SPP) and all construction is complete. The rooftop deck is currently being used as a lounge area with a maximum capacity for 98 persons. Additionally the existing ground floor café has two existing outdoor eating areas or patios partially in the hotel s front yard which have been permitted for service of beer and wine. The C2 Zone permits outdoor dining on the ground floor between the building and any required side or yard. A practical difficulty would result if the requirements of Section A.1.(a)(10) and A.1.(b)(3) were strictly applied because the hotel would be unable to use the roof deck and front yard patio areas to serve food and alcoholic beverages to guests since these areas are not fully enclosed. While the zoning regulations do permit outdoor dining on the ground floor (with specifications), it does not offer the same to outdoor patios or decks above the ground floor unless it is fully enclosed. The subject site is located adjacent to Venice Beach, an internationally recognized attraction. The hotel has access to a very large roof deck with views of the beach, ocean, and the city. A hotel use with an opportunity to offer dining in such a setting warrants a variance to permit outdoor dining on the roof top. It was not the intent of the zoning ordinance to prohibit use of

15 APCW SPE-CUB-ZV-CDP-SPP 12 such areas for dining provided aesthetic, safety, and noise issues from above grade outdoor dining are adequately mitigated. B. That there are special circumstances applicable to the subject property such as size, topography, location, or surroundings that do not apply to other properties in the same zone and vicinity. A hotel has been at this location since In 2002 a fifth floor was added with additional guest rooms and a roof top deck. The ground portion is fully built out and there is no other space to extend the dining opportunities for guests and visitors. The roof deck is usable offering panoramic views. The hotel uniquely serves the Venice Beach community for both residents and visitors as there are very few hotels available in Venice. A special circumstance in this case is that while there are outdoor dining options in the area, the hotel has the opportunity to utilize an open air roof deck for dining purposes serving alcoholic beverages. C. That the variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity, but which, because of the special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question. The ability to serve a full line of alcoholic beverages in the outdoor dining area on the roof top and front yard patio is necessary for the Applicant to operate and maintain a full service hotel with amenities enjoyed by other hospitality serving businesses in the vicinity. The nearby food and beverage businesses in the C2 Zone are not limited by the outdoor dining restrictions because they are on the ground floor and not on the rooftop. Special circumstances for this site is the availability of the rooftop for dining and that this is the largest hotel in Venice. D. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located. The granting of the variance will not be materially detrimental to the public welfare or injurious to the surrounding property or improvements. The roof deck is fully permitted for an occupancy of 98 people. All required safety measures are in place to provide access for roof top patrons. Railings are also placed around the perimeter of the roof. The hotel expansion done in 2002 which added the fifth floor brought the entire building up to current building and seismic codes. The project has been conditioned to mitigate potential aesthetic and noise impacts and to ensure the operations do not disturb neighbors. The hotel has been in operation for almost 30 years and in that time no violations or complaints regarding alcohol service have been received. E. That the granting of the variance will not adversely affect any element of the General Plan. The facility is an existing hotel which has been in operation since the hotel and its proposed rooftop and patio alcohol service are consistent with the Venice Community Plan in providing visitor serving uses in the community. The General Plan permits hotel and restaurant uses in the commercial designation provided a Conditional Use is granted for the hotel and alcohol service. In this instance a

16 APCW SPE-CUB-ZV-CDP-SPP 13 variance is also necessary to allow food and beverage service on the roof top and in the front patio. 8. Coastal Development Permit Findings. In order for a Coastal Development Permit to be granted, all of the requisite findings contained in Section G of the Municipal Code must be made in the affirmative: A. The development is in conformity with Chapter 3 of the California Coastal Act of Chapter 3 of the California Coastal Act provides standards by which Athe permissibility of the proposed development subject to the provision of this division are determined@. In this case, the Coastal Act provides that: ANew development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to existing developed areas able to accommodate it or, where such areas are not able to accommodate it, will not have significant adverse effects, either individually or cumulatively on coastal resources@. The proposed project is consistent with the above referenced policy as it is an existing hotel surrounded by other commercial and residential structures. Public services including sewage connection, water, and electricity is available to the site. The proposed project abuts three improved streets. B. The development will not prejudice the ability of the City of Los Angeles to prepare a local coastal program that is in conformity with Chapter 3 of the California Coastal Act of Currently there is no adopted Local Coastal Program (LCP) for this portion of the Coastal Zone; in the interim, the adopted Venice Community Plan, and the Venice Coastal Specific Plan serve as the functional equivalent plan. The Venice Community Plan designates the property for Community Commercial land uses with corresponding zones of CR, C2, C4, RAS3, and RAS4. The property is zoned C2-1, consistent with the Plan land use designation. A Specific Plan Exception, Conditional Use Permit, a Zone Variance, and Project Permit Compliance for the Venice Coastal Specific Plan are being processed simultaneously with the Coastal Development Permit. The project as excepted by this instant and concurrent action and by previously approved entitlements has been conditioned with all applicable provisions of the Venice Coastal Specific Plan. The proposed development is in compliance with the current regulations, policies of the California Coastal Act and the adopted Venice Community Plan and as such will not prejudice the ability of the City to prepare a Local Coastal Program in conformity with Chapter 3 of the California Coastal Act. C. The Interpretive Guidelines for Coastal Planning and Permits as established by the California Coastal Commission and any subsequent amendments thereto have been reviewed, analyzed and considered in making this determination The Guidelines are designed to provide direction to decision makers in rendering discretionary determinations on requests for coastal development permits pending adoption of a Local Coastal Plan, most specifically associated with new development. The proposed project is located in the North Venice Subarea as noted in the Coastal Commission=s Regional Interpretive Guidelines. The Guidelines encourage visitor

17 APCW SPE-CUB-ZV-CDP-SPP 14 serving commercial facilities and the proposed project as a hotel implements such guideline. D. The decision herein has been guided by applicable decisions of the California Coastal Commission pursuant to Section 30625(c) of the California Public Resources Code. The recommendation of the Planning Department has been guided by the action of the Coastal Commission in its certification of the Local Coastal Program Land Use Plan (LUP) adopted on June 15, No outstanding issues have emerged in this case which would indicate any conflict with any other decision of the Coastal Commission. E. If the development is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone, the development shall be in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act of Section of the California Coastal Act requires public access from the nearest public roadway to the shoreline for new development. Exceptions are made for specific types of projects including military, agriculture, and in cases where there is adequate access. The subject property is in the single jurisdiction zone and is not located between the nearest public road and the sea or shoreline of a body of water located within the coastal zone and the nearest public road to such geographical features. The parcel itself is not situated on a waterfront, and there are public roads and access ways between the subject property and the sea or shoreline of a body of water. The proposed project will not interfere with access to these areas and is in conformance with public access policies. F. An appropriate environmental clearance under the California Environmental Quality Act has been granted. On June 30, 2008, the City Planning Department issued Mitigated Negative Declaration No. ENV MND and determined that by imposing mitigation measures, any identified environmental impact could be reduced to a level of insignificance. Mitigation measures have been made conditions of approval. 9. Specific Plan Project Permit Compliance Review Findings. Pursuant to Section C of the Municipal Code: A. The project substantially complies with the applicable regulations, standards and provisions of the specific plan. The proposed project requires deviations and findings have been made to grant certain exceptions from the Venice Coastal Zone Specific Plan permitted under Section F of the LAMC. In 2002 under case APCW SPE-ZV-CU- CDP-SPP, the hotel was granted Project Permit Compliance with the Venice Coastal Zone Specific Plan. At that time the hotel was also granted several exceptions from the Specific Plan. For this proposed project to utilize the roof deck, a conditional use approval is also a part of the simultaneous discretionary entitlement as required by the LAMC for serving a full line of alcoholic beverages in the C2 Zone. A Zone Variance is also necessary to permit rooftop dining outdoor and patio area. A

18 APCW SPE-CUB-ZV-CDP-SPP 15 recommendation has been made to approve both requests subject to Conditions of Approval. B. The project incorporates mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review which would mitigate the negative environmental effects of the project, to the extent physically feasible. The project has been conditioned with conditions of approval that will mitigate to acceptable levels, all environmental impacts that may be associated with the project (ENV MND). All of the conditions must be met, to the satisfaction of the Planning Department, prior to the issuance of a building permit 14. Environmental. A Mitigated Negative Declaration (ENV MND) 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 there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached Mitigated Negative Declaration reflects the lead agency s independent judgement and analysis. The records upon which this decision is based are with the Environmental Review Section in Room 750, 200 North Spring Street, City Hall.