PLANNING COMMISSION MAY 17, 2018 PUBLIC HEARING

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1 PLANNING COMMISSION MAY 17, 2018 PUBLIC HEARING SUBJECT: INTENSIFICATION OF USE FROM RESTAURANT WITH OUTDOOR DINING TO A BAR WITH LIVE ENTERTAINMENT (ROCCO S TAVERN). ADDRESS: INITIATED BY: 8900 SANTA MONICA BOULEVARD DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICES (David J. DeGrazia, Planning Manager, CHPP) (John Mayer, Senior Planner) (Dereck Purificacion, Associate Planner) STATEMENT ON THE SUBJECT The applicant is requesting an intensification of use from a restaurant with outdoor dining to a bar with live entertainment. The intensification will include an interior tenant improvement and 30 additional parking spaces which are provided via Parking Credits Program. RECOMMENDATION Staff recommends that the Commission hold a public hearing, consider all pertinent testimony, and approve the request subject to the conditions in the following resolution: 1) Draft Resolution No. PC : A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST HOLLYWOOD, CONDITIONALLY APPROVING A DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT TO ALLOW FOR THE INTENSIFICATION OF USE FROM A RESTAURANT TO A BAR WITH LIVE ENTERTAINMENT AT AN EXISTING TENANT SPACE, LOCATED AT 8900 SANTA MONICA BOULEVARD, WEST HOLLYWOOD, CALIFORNIA. (EXHIBIT A) BACKGROUND Application Information A. Date of Application: October 26, 2017 B. Application Deemed Complete April 11, 2018 C. Applicant: Veronica Becerra, on behalf of Rocco s Tavern D. Property Owner: American Commercial Equities Three, LLC Page 1 of 8 ITEM 10.B.

E. Location: 8900 Santa Monica Blvd. F. Zoning / General Plan: CC1 (Commercial, Community 1) G. Environmental Status: Categorically Exempt per CEQA Section 15301 (Existing Facilities) H.

2 E. Location: 8900 Santa Monica Blvd. F. Zoning / General Plan: CC1 (Commercial, Community 1) G. Environmental Status: Categorically Exempt per CEQA Section (Existing Facilities) H. Public Notices: The public hearing was advertised and noticed in accordance with the W.H.M.C. Section Site and Area Conditions Aerial photograph of project site and general vicinity Source: Google Maps The proposed project is located on the southwest corner of Santa Monica Boulevard and San Vicente Boulevard. The proposed project is located in the heart of Santa Monica Boulevard West, a commercial sub-area of the City along a major boulevard. Page 2 of 8

3 This area of the City is a local and regional commercial destination with a large concentration of LGBT-oriented business, offering a variety of restaurants, retail, and entertainment businesses, as well as neighborhood-serving uses, within a walkable urban district. The site is slightly sloping to the south, approximately 14,500 square feet (0.33 acres) in size, and measures approximately 102 feet wide and 137 feet deep. The site is currently improved with an 8,583 square-foot one-story multi-tenant commercial building with a semi-subterranean basement. Existing tenants of the building include two restaurants fronting Santa Monica Boulevard and a studio fitness space fronting San Vicente Boulevard. There are nine existing parking spaces located behind the building accessed off of San Vicente servicing all four tenants. Seven of those parking spaces have historically been allocated to the subject tenant space. The neighboring parcels are zoned CC1 (Commercial, Community 1) directly to the west and to the north, across Santa Monica Boulevard and PF (Public Facilities) directly to the south (West Hollywood Park) and to the east, across San Vicente Boulevard (Los Angeles County Sheriff s Station). Neighboring uses include restaurants, bars, neighborhoodserving personal services and retail, and civic uses. The nearest residentially zoned property is located approximately 425 feet from the subject site north of the subject site with Santa Monica Boulevard, US Bank building, an alley way, parking lot and Planned Parenthood office building all located in between the two. North South East West To the north of the subject site is Santa Monica Boulevard with a mix of commercial uses including restaurant, bar and nightclub, and neighborhood-serving and regional-serving retail and personal service uses. To the south of the subject site is West Hollywood Park including sport and recreation amenities, open space, and public facilities that including the West Hollywood Library and Council Chambers. To the east of the subject site are the Los Angeles Sheriff s Station and the Los Angeles Metro Transportation Hub. To the west of the subject site is a mix of commercial uses including restaurants, offices, and bars. The existing 3,498 square-foot tenant space was formerly occupied by Citi Bank. On June 1, 2017, the property owner obtained approvals to convert that space into a restaurant use after the bank had been closed for some time. The change of use from bank to restaurant included renovating the tenant space for a restaurant use with 1,584 square feet of outdoor dining. The conversion triggered the need for an additional 28 parking spaces in addition to what currently existed at that time. The additional spaces were provided via the City s Parking Credits Program. Since the approval of the change from bank to restaurant, the space has remained vacant. Page 3 of 8

Environmental Review Pursuant to the CEQA Guidelines, the proposed project would be categorically exempt from further review under Section 15303 (New Construction or Conversion of Small Structures).

4 Environmental Review Pursuant to the CEQA Guidelines, the proposed project would be categorically exempt from further review under Section (New Construction or Conversion of Small Structures). The proposed intensification of use from restaurant to a bar with live entertainment involves the conversion of an existing small structure from one use to another where only minor modifications are made in the exterior of the structure and is located in an urbanized area. Public Comment At the time this staff report was published, staff did not receive any comments regarding the proposed project. Applicant Proposal Page 4 of 8

5 The applicant is requesting a change of use from restaurant to a bar with live entertainment for an establishment known as Rocco s Tavern. Rocco s Tavern currently has locations in West Los Angeles, Culver City, Pasadena, and Studio City. This request includes the sale, service, and on-site consumption of alcohol (beer, wine, and distilled spirits Type 47). The proposal features 1,080 square feet of dining space with 44 linear-feet of bar area servicing the main dining area. Additionally, a small stage for live entertainment, 36 linear-feet of bar area and 500 square feet of dining area, all servicing a secondary space referred to as 77 Lounge Bar. The tenant space also includes 1,584 square feet of outdoor dining which is accessed through accordion-style doors along the majority of the facade. The tenant will be providing an extensive menu that is geared toward sports enthusiasts (Exhibit E), and live music including solo artists and bands of all genres. There will be no dance floor available at this time. The applicant is proposing the hours of operation to be from 10:00 a.m. to 2:00 a.m., daily. ANALYSIS A bar use requires a conditional use permit (CUP) that is reviewed by the Planning Commission. The CUP process allows the City to evaluate the proposed project for potential impacts to the surrounding neighborhood, and the City as a whole. Appropriate conditions may be imposed to mitigate any anticipated issues. The purpose of the CUP application process is to ensure that the proposed operating characteristics are appropriate, that certain restrictions are tailored to the business operations so that it does not negatively impact the neighborhood. It is also to ensure compliance with the City s development standards. The new bar will be subject to certain requirements such as: Increased parking requirements Additional facility requirements (e.g. requirements for sound attenuation, additional restrooms etc.) Requirement for the provision of security personnel on the site Other requirements and restrictions that apply to the types of activities that may be conducted outdoors in order to reduce noise impacts. The issues that are applicable to this particular application are addressed individually in further detail below. Parking Current Operation - Pursuant to City records, the existing tenant space has 3,498 square feet of indoor area, and 1,584 square feet of outdoor area, totaling 5,082 square feet. The tenant space is required to maintain a total of 35 parking spaces with seven on-site spaces and 28 via the Parking Credits Program. These parking spaces must be maintained pursuant to the conditions of approval for Development Permit (DVP) and Administrative Permit (AP) (Exhibit F) which allowed the intensification of use from bank to restaurant. Page 5 of 8

6 Proposed Bar - Should the property be permitted to intensify from a restaurant to a bar, the parking ratio would increase from 9 spaces per 1,000 square feet of area to 15 spaces per 1,000 square feet of area. Section (B)(3) of the WHMC states that, When a change in use requires more off-street parking than the previous use, additional parking spaces shall be provided equivalent to the difference between the number of spaces required by this Zoning Ordinance for the immediately previous use and the total number of spaces required by the new use. The additional parking required for the intensification of use would be an additional 30 parking spaces. The total parking requirement for Rocco s Tavern to operate as a bar would be 65 spaces. The tenant has secured the additional 30 parking spaces via the Parking Credits Program. The parking breakdown is show below: Proposed Use Size Parking Ratio Parking Required Bar with incidental restaurant use 3,498 square feet 15/1, Outdoor Dining 1,584 square feet 15/1, Restaurant use credit -5,082 square feet 9/1, Total parking spaces required Total parking spaces provided ~ 30 (round down) 30 spaces via Parking Credits Program Operations Bars require increased scrutiny and conditions to avoid disturbances to surrounding uses, particularly at night. Rocco s Tavern is requesting the ability for live amplified music entertainment on a daily basis, so for this reason, staff is recommending a number of conditions that limit the potential noise impacts although the nearest residentially zoned property is approximately 425 feet away. It is staff s opinion, in consultation with the City s Code Compliance Division, that the distance between the subject site and the nearest residentially zoned properties is unlikely to create a significant noise impact. Further, imposition of the following conditions will help to mitigate potential sound problems: 11.7) Prior to commencement of operations as a bar with incidental restaurant use, the applicant shall coordinate with Planning and Commercial Code Compliance staff to view and approve the location and configuration of all speakers and stage. 11.8) Speakers shall be maintained as approved by staff. The applicant shall apply for and obtain a minor amendment to the conditional use permit in the event that the applicant wishes to reposition the speakers. 11.9) Music and other amplified sound shall not be audible from any residentially zoned property. Page 6 of 8

7 11.10) The tenant space housing the bar shall be adequately soundproofed so that interior noise is not audible beyond the tenant space itself ) All windows and doors leading to outdoor dining area shall be closed between the hours of 10:00 p.m. to 10:00 a.m. and during live performances of three or more performers. 12.4) All speakers shall be placed indoors and shall be oriented to direct sound toward the interior of indoor spaces. Sales, Service and Consumption of Alcohol The owner of the establishment would be required to obtain the appropriate license through the California Alcoholic Beverage Control (ABC) and abide by requirements for server training courses, postings on the site regarding designated driver reminders, and prohibitions on removal of alcohol from the premises. Live Entertainment On-Site As a bar, the establishment would be permitted to have live entertainment on-site. However, the live entertainment is restricted to the interior space only and shall be prohibited on the outdoor patio per condition Further, all windows and doors leading to the outdoor dining area shall be closed during live performances of three or more performers and after 10:00 p.m. per condition and consistent with WHMC and Staff Recommendation Staff supports Rocco s Tavern s request because the proposed use would contribute to the variety of bars and restaurants that West Hollywood offers as well as to the energetic nightlife present in this portion of the City of West Hollywood an aspect of the City that is encouraged in the General Plan. Specifically, the project addresses Land Use Policy LU-1.21 of the General Plan which encourages "the expansion and recruitment of commercial uses that provide economic and fiscal benefits for the City, including entertainment businesses, music and entertainment venues, bars and night clubs, hotels and hospitality, and design and creative arts." Moreover, the proposed bar supports Land Use Goal LU-12 in that it contributes to a vibrant street environment with outdoor dining and encourages high volumes of pedestrian activity. The portion of the City in which Rocco s Tavern is located is home to numerous other nightclubs/bars and restaurants. Together, these establishments create a vibrant district of entertainment uses and nightlife that attracts tourists and locals alike to West Hollywood. Allowing the change of use would also activate the tenant space that has been vacant since 2016 and support the City s goal to create a park-once district for the area that allows customers and employees to walk between multiple destinations. Page 7 of 8

8 Further, the site is adequate for the use being proposed. It is not adjacent to any residentially zoned property. Conditions have been provided in the Draft Resolution which would help prevent sound spillage to residential uses that are outside the immediate vicinity, but which could be potentially affected. WEST HOLLYWOOD STATUTES AND FINDINGS OF FACT Development Permit & Conditional Use Permit The application for the proposed intensification of use from a restaurant to a restaurantbar with live entertainment and the sales, service, and on-site consumption of alcohol requires approval of a Development Permit and Conditional Use Permit by the Planning Commission, as indicated in WHMC Sections (Development Permits) and (Conditional Use Permits and Minor Conditional Use Permits) and the California Environmental Quality Act (CEQA) Guidelines. The specific findings are described in Draft Resolutions PC No (See Exhibit A). SUMMARY The proposed intensification of use would allow Rocco s Tavern to operate as a bar with live entertainment. Staff finds that the site is well-insulated from most residentiallyzoned properties within the City and that the use, as conditioned, would not cause a nuisance to the general public. The use of the outdoor dining and live entertainment further support the General Plan s goal for the area to retain its identity as a regional destination for nightlife and entertainment, where residents of the greater Los Angeles area come to dine and socialize. Staff recommends approval of the request subject to the findings of fact and with the conditions included in the Draft Resolution No. PC EXHIBITS A. Draft Resolution No. PC B. Project Narrative Prepared by Applicant C. Rocco s Tavern menu D. Conditions of Approval for DVP & AP E. Radius Map F. Project Plans Page 8 of 8

CITY COUNCIL PUBLIC HEARING MARCH 20, 2017 SUBJECT:

CITY COUNCIL PUBLIC HEARING MARCH 20, 2017 SUBJECT: INITIATED BY: APPEAL OF THE PLANNING COMMISSION APPROVAL OF A REQUEST TO EXPAND AN EXISTING RESTAURANT WITHIN THE EXISTING LOBBY AND ROOFTOP AREA WITH