LOS ANGELES POLICE COMMISSION

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1 LOS ANGELES POLICE COMMISSION BOARD OF POLICE COMMISSIONERS STEVE SOBOROFF PRESIDENT PAULA MADISON VICE PRESIDENT SANDRA FICUCROA-VILLA KATHLEEN KIM ROBERT M. SALTZMAN MARIA SILVA COMMISSION EXECUTIVE ASSISTANT II ERIC GARCETTI Mayor RICHARD M. TEFANK EXECUTIVE DIRECTOR ALEXANDER A. BUSTAMANTE INSPECTOR GENERAL EXECUTIVE OFFICE POLICE ADMINISTRATOR BUILDING 100 WEST FIRST STREET. SUITE 134 Los ANGELES. CA (213) PHONE (213) FAX (213) TDO July 1, 2015 The Bowery Left, LLC. Dafne Gokcen, Consultant 1234 W. 7th Street Los Angeles, California PPRP # RE: Café Entertainment/Show Permit for The Bowery Left, LLC., DBA: The Teragrain Ballroom, W. 7th Street, Los Angeles, CA 90017, Permit No P519. The Police Permit Review Panel will consider the Commission Investigation Division's recommendation to approve your application for a Café Entertainment/Show Permit on: Wednesday, July 15, at 2:30 p.m. Police Commission Board Room 100 West 151 Street, Los Angeles, CA If you have questions regarding this notice or need further information, please call (213) Very truly yours, POLICE PERMIT REVIEW PANEL EVA R. VEGA, Senior Mana fr ent Analyst II c: Commanding Officer, Commission Investigation Division wwwjoinlapd.com

2 Las;GalarfAX=15:14t.fleceattOgfritzttiOParpii=b1fion. Typo of Permit Account Number Type of APR Police Area rriing tints rjr I yes. Nol Lar City of Los Angeles Board of Police Commissioners Application for PolipeommIssion Permit c9c.t).7- ABOVE FOP OFFICE USE ONLY Cud. F Police CoMmission Number t. Fee ()NTH DAY YEAR Dale Granted LI LLLI MONTH." DAY YEAR Carthloate of Occupancy Issued frr MONTH DAY YEAR Zoning Approved MONT r c,tt-rnon -Chit thi EE DAY YEAR O Please type or print legibly Legal Name of Applicant The Bowery Left, LLC Nome and Dge of person submitting application Dafne Gokcen, Consultant Type of Business Entity 0 Solo Proprietor Partnership 0 Corporation Et other LLC Business Name (Doing Business As) Theler075(0.:tn.?z1,0,.. \ \ 1062, TY\ Business Address *W 7th Street Business Mailing Address Owe At Hours M4 El. Ma d), 1234 W 7th Street City & Stale. Los-Angeles, CA. City & State Los Angeles, CA ZIP ZIP Please Indicate 'Yes" Or."No" to the following questions, and place your initials In the box provided 1. Do ihe owners, managers, employees, or entertainers of this business provide sexually dented malerisis, products, services or merchandise as defined by Los Angeles Municipal Code Section ?, Please write Yes or No In the box provided No Initials 2. Po the owners, managers, employees, entertainers, or patrons of this business permit or engage in speclfled sexual activities at the business as defined by Los Angeles Municipal Code SectIon Please write-yes or No In the box provided I No Initials 3. Does this business possess or is It in the process of obtaining an Alcohol Beverage Control (ABC) License? Please write Yes or No in the box provided Yes Initials ALL CORPORATE OFFICERS, GENERAL PARTNERS, AND OTHER PERSONS) WITH GREATER THAN 5% FINANCIAL INTEREST in THE BUSINESS MUST COMPLETE SECTIONS C & D. THIS APPLICATION IS NOT COMPLETE UNTIL ALL QUESTIONS ARE ANSWERED, ALL INITIALS, AND SIGNATURES ARE OBTAINED, AND ALL DOCUMENTS REQUIRED ON GEN. FORM 1954 {REV. 7-04) ARE SUBMITTED.

3 LINN K. INYATT CHIEF ZONING ADMINISTRATOR FATE ZONING ADMINISTRATORS R. NICOLAS BROWN SUE CHANG LOURDES GREEN CHARLES J. RAUSCH, 1R JIM TOKUNAGA FERNANDO TOVAR DAVID S. WEINTRAUB MAYA E. ZAITZEVSKY CITY OF Los ANGELES CALIFORNIA ERIC GARCETTI MAYOR DEPARTMENT OF CITY PLANNING MICHAEL 1 LOGRANDE DIRECTOR OFFICE OF ZONING ADMINISTRATION 200 N. SPRING STREET, r FLOOR Las ANGELES, CA (23.3) FAX (213) December 13, 2013 The Bowery Left, LLC (A) 1234 West 7th Street Los Angeles, CA W. Seventh Street, LLC (0) 321 South La Peer Drive Beverly Hills, CA Eddie Navarrette (R) FE Design 327 East 2'4 Street, Suite 222 Los Angeles, CA CASE NO. ZA (CUB)(CUX) (SPP) CONDITIONAL USE-PROJECT PERMIT COMPLIANCE West 7th Street Westlake Planning Area Zone : C4(CW)-U/4.5 D.M. : 130-5A205; 130-5A207 C.D. : 1 CEQA : ENV MND Legal Description: Lot 1, Garland Tract Extension Pursuant to Los Angeles Municipal Code Section W,1, I hereby APPROVE: a Conditional Use to allow the sale of a full line of alcoholic beverages for on-site consumption in conjunction with the operation of a 9,453 square-foot theater and restaurant in the C4(CW)-U/4.5 Zone; Pursuant to Los Angeles Municipal Code Section W,18(a), I hereby APPROVE: a Conditional Use to allow live entertainment and incidental patron dancing in conjunction with the operation of a 9,453 square-foot theater and restaurant in the C4(CW)-U/4.5 Zone; Pursuant to Los Angeles Municipal Code Section C, I hereby APPROVE: Project Permit Compliance Review for a change of use from print shop, restaurant, and retail to a theater and restaurant for 9,453 square feet of floor area in an existing one-story commercial structure and the installation of an LED Marquee sign; upon the following additional terms and conditions:

4 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 2 1. All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the property, except as such regulations are herein specifically varied or required. 2. 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. 3. 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. 4. 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. 5. 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. 6. Except as modified herein, the project shall be in substantial conformance with the plans and materials submitted by the Applicant, stamped "Exhibit A", and attached to the subject case file. No change to the plans will be made without prior review by the Department of City Planning, with written approval from the Office of Zoning Administration. Each change shall be identified and justified in writing. 7. Approved herein is the sale and dispensing of a full line of alcoholic beverages for on-site consumption, and live entertainment with incidental patron dancing, in conjunction with the operation of a 9,453 square-foot theater and restaurant. Theater hours of operation shall be from 12:00 p.m. to 2:00 a.m., daily. Restaurant hours of operation shall be from 9:00 a.m. to 2:00 am., daily. 8. The authorization granted herein for the sale and dispensing of a full line of alcoholic beverages for on-site consumption is for a period of five (5) years from the effective date of this grant Thereafter, a new authorization to allow the sale and dispensing of a full line of alcoholic beverages for on-site consumption will be required. The applicant is advised that he/she should allow appropriate time for a new entitlement application to be processed and the application should be

5 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 3 approved prior to the expiration date of this grant in order to continue the sale of beer and wine on the premises. 9. This approval is tied to ENV MND. The applicant shall comply with all mitigation measures and conditions of approval identified in that case, which are incorporated herein by reference. 10. Permitted uses of the main theater areas when alcoholic beverages are sold and consumed on-site shall include, but shall not be limited to, concerts, film shoots, religious assemblies, film presentations, private screenings, private parties, weddings, nonprofit events, seminars, band rehearsals, fashion shows, plays, and musicals. The premises shall operate primarily as a concert and special event venue. 11. The maximum occupant load shall be limited to the following arrangements: a. Theater Seating Plan (Total maximum occupancy 490 patrons) i. Restaurant/Lounge Area 62 seated and 50 standing patrons ii. Theater/Music Hall Area 372 seated patrons b. Theater Standing Plan (Total maximum occupancy 708 patrons) i. Restaurant/Lounge Area 62 seated and 50 standing patrons ii. Theater/Music Hall Area 596 standing patrons 12. Parking for the project shall be provided as follows: a. The project shall maintain the four (4) existing vehicle parking spaces onsite. b. Adequate off-site parking for patrons shall be provided during events. Parking availability shall be clearly advertised on the project premises, the designated off-site parking facilities, and related website(s) and social media outlets. These parking facilities may include, but are not limited to, the following: - The Mayfair Hotel located at 1256 W. 7th Street with a capacity of up to 250 spaces; - City Center Parking located at 1247 W. 7th Street with a capacity of up to 200 vehicles; - City Center Parking located at 719 Valencia Street with a capacity of up to 75 vehicles; and, - City Center Parking located at 1027 Wilshire Boulevard with a capacity of up to 150 vehicles. c. A security guard shall be made available for each designated off-site parking facility to prevent noise, loitering, and to expedite the exiting of vehicles following the end of an event. 11. The use of mass transit shall be promoted on the establishment's website and other social media outlets.

6 CASE NO. ZA (CUB)(CUX)(SPP) PAGE The Marquee Sign shall be limited to the following: a. Height. The top of the Marquee Sign shall be no higher than 11'-7" above the elevation of the sidewalk or edge of the roadway nearest the sign. b. Sign Dimensions. The Marquee Sign shall have a maximum length of 14'-6" per side and a maximum thickness of 2'-1" and shall not project more than c. Sign Area. The total area of the Marquee Sign shall not exceed 62 feet. d. Illumination. The LED illuminated signs shall be static and shall not blink or flash. Illuminated signs shall not direct light sources onto walls of residential units or windows of commercial buildings. e. Materials. The sign materials shall be approved by the Fire Department and the Department of Building and Safety. f. Mountings. All mountings shall be done to the satisfaction of the Department of Building and Safety. g. LAMC. The Marquee sign shall comply with Section 14.4 of the Los Angeles Municipal Code. 13. Ar y music, sound or noise emitted that is under the control of th' applicant/operator shall not constitute a violation of Section of the LAMC. Amplified music or any other form of entertainment shall not be audible beyond that part of the structure which is under the control of the applicant/operator. 14. Dancing shall be limited to a 920 square-foot dance floor on the ground floor, within the enclosed area. No outside dancing is permitted. 15. Dancing shall not occur until the appropriate permit is issued from the Los Angeles Police Commission. 16. Any substantial change in the mode or character of operation of the establishment, including, but not limited to any expansion by more than 20 percent of the floor area, seating or occupancy, shall require conditional use approval granted in accordance with the provisions of W,1 of the LAMC. 17. Partitions separating the booth/dining areas shall not exceed 54 inches in height. No obstructions shall be attached, fastened or connected to thebooths/dining areas within the interior space of the establishment. 18. Note to Plan Checker: Per the acoustical report prepared by Alabama Music and Audio Supervision, dated August 12, 2013 and included in the case file, the applicant shall incorporate the following conditions as part of application for a Building Permit:

7 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 5 a. Treat the roof on the rear section of the building with additional mass and insulation on the interior for reducing any sound leakage. R-30 insulation with a modified B-1 type acoustical cap. (See B-1 wall document: 1 layer 5/8" sheet rock, 1 layer of 5/8" plywood, 1 layer 5/8" sheet rock.) This process should also be utilized in any other area of interior ceiling modification outside of the music room. b. Remove all windows at the rear of the building and replace with original structure material: Brick, CMU. c. Remove and replaced all doors and existing loading dock door with certified acoustical replacement products. (Solid core wood or dual pane glass with acoustical thresholds/seals, dew acoustical loading dock door). Venue doors should have an STC value of at least 50 where sound needs to be contained. Interior doors that are continuously opening and closing do not need to incorporate noise control. d. Install 8-12" blown in insulation in attic space above the existing arched ceiling. e. Internal dampers or 220 degrees of turns on all the HVAC duct work that may penetrate out into the exterior environment. Insulate/wrap any and all HVAC ductwork that may resonate or transmit sound. f. Cauin any and all cracks, penetrations, and holes in super structure with 100% GE Silicone caulk. 9. Float (spring mount) and new interior ceiling modifications in music room. 19. The applicant and/or general contractor overseeing the renovation work at the subject site shall embed Condition Nos. 18 onto the building plans, building permit application, and related construction documents prepared for the project. 20. The applicant, owner and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manage the facility to discourage illegal and criminal activity on the subject premises and any necessary parking areas over which they exercise control. 21. If at any time during the period of the grant, should documented evidence be submitted showing continued violation(s) of any condition(s) of the grant, resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Zoning Administrator will have the right to require the petitioner(s) to file for a plan approval application together with the associated fees, to hold a public hearing to review the petitioners compliance with and the effectiveness of the conditions of the grant. The petitioner(s) shall submit a summary and supporting documentation of how compliance with each condition has been attained.

8 CASE NO. ZA (CUB)(CUX)(SPP) PAGE if there should be a change of operator or ownership, the new operator or owner shall file a plan approval application to allow the City of Los Angeles to review the "mode and character" of the use. 23. The street facing exterior windows and doors of the establishment shall be maintained substantially free of signs and other materials from the ground to at least 6 feet in height above the ground so as to permit surveillance into the establishment by Police. 24. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, except that the restaurant may post a menu. 25. The exterior doors shall be kept closed during times of performances, except in the event of an emergency, deliveries, and normal passage of patrons when gaining admittance or upon exiting the premises. 26. The entrances and exits shall post signs reminding patrons to be quiet upon entering and exiting the premises in consideration of adjacent properties (e.g. "Please be quiet upon your departure...shhhhh", or "Please be considerate of our neighbors as you leave."). 27. A liaison shall be established to set up meetings with the San Lucas Apartments' community and other community members to discuss the details of the project and how it can be ;4-, 'proved on an as-needed basis. 28. Delivery, trash pickups and disposal of restaurant waste, including the disposal of bottles, shall occur only between the hours of 8:00 a.m. and 10:00 p.m., Monday through Friday, and between the hours of 9:00 a.m. and 10:00 p.m., Saturday and Sunday. 29. The applicant shall install and maintain security cameras and a two-week DVR that covers all common areas of the business, high risk areas and entrances or exits. The DVRs shall be made available to police upon request. 30. A security plan shall be submitted to the LAP for approval prior to the utilization of this grant. 31. State licensed security guards shall patrol the property during all shows. Guards shall wear appropriate security attire- black shirts labeled "Security" on the front pocket and in large letters. The guards shall conduct no activities while employed at this location other than those of a security guard, which includes checking identification and escorting undesirable patrons off the premises. This condition shall not prohibit security from cleaning spills that may result in a hazardous situation. The guards shall be responsible for preventing loitering and any criminal activity on the property. The guards shall request the assistance of the LAPD if, based upon their training, the situation is warranted.

9 CASE NO. ZA (CUB)(CUX)(SPP) PAGE All live entertainment events shall have security guards monitoring the venue, parking lots, and guests. The number of security guards shall be based on the ratio of one security guard for every 75 patrons. 33. Staff shall monitor driveways of neighboring residences as to prevent venue patrons from blocking access in and out of buildings. 34. The applicant/operator shall supply a mobile security patrol service which shall arrive no less than two times every evening the establishment is open. The patrol service shall patrol the area within 500 feet of the establishment (as depicted on the radius map) and in surrounding neighborhoods for one hour past the closing of the premises. 35. During private events with no live entertainment, security guards shall be determined on a case-by-case basis. 36. All security personnel shall maintain order therein and prevent any activity that would interfere with the quiet enjoyment of their property by nearby residents and leaseholds. Said personnel shall be licensed consistent with State law and Los Angeles Police Commission standards. The security personnel shall be dressed in such a manner as to be readily identifiable to patrons and law enforcement personnel and shall be familiar with the subject conditions of operation. 37. If not currently available, lighting shall be installed to provide visibility to the loading area at the rear of the subject building with shielding to prevent glare onto the residences to the south. 38. All exterior lighting sources shall be directed onto the subject property and shall be shielded such that the light source is not visible from adjacent properties. 39. There shall be no Adult Entertainment of any type pursuant to Section of the LAMC. 40. There shall be no pay phone maintained on the exterior of the premises. 41. There shall be no pool tables, coin-operated game machines, or other video game and/or gambling machines permitted on the premises at any time. 42. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee provide, permit or make available, either gratuitously or for compensation, male or female patrons who act as escorts, companions or guests of and for customers. 43. The operator shall not allow "promotional night" or other promotions which may include, but are not limited to: time periods during which female patrons may purchase beverages at a discounted price; encourage patrons to come to the premises for beverages following entertainment event at another location; and

10 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 8 selling certain brands and/or types of beverages at a discounted price to bring attention to these brands and/or beverages. 44. Within six months of the effective date of this action, all employees involved with the sale of alcoholic beverages 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 this letter from the Police Department to the Zoning Administrator who acted on this case as evidence of compliance. In the event there is a change in the licensee, within one year of such change, this training program shall be required for all new staff. 45. Electronic age verification device(s) which can be used to determine the age of an individual attempting to purchase alcoholic beverages shall be installed on the premises at each point-of-sale location. The device(s) shall be maintained in an operational condition and all employees shall be instructed in their use prior to the sale of any alcoholic beverages. 46. The applicant shall have a hand held metal detector wand for use, if necessary, while conducting security checks of patrons being admitted into the venue. 47. The applicant/operator shall begin all queues from inside the establishment. Said queues shall be monitored by security to prevent obstructing pedestrian access on the v.bile sidewalk. When :4 queuing patrons, the applicant shall not permit any loitering on the premises or on property adjacent to the premises. 48. Patrons shall not be permitted in and out privileges. 49. A cover charge shall only be permitted for concerts and live performances. However, the premises shall not be utilized in any manner that would characterize the use as a nightclub. 50. The applicant/operator shall regularly police the area under their control in an effort to prevent the loitering of persons about the premises. 51. The applicant/owner shall comply with Section (b) of the Labor Code, which prohibits smoking within any place of employment. 52. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, including the sidewalk in front of the establishment. 53. The applicant/operator shall identify a contact person and provide a 24-hour "hot line" telephone number for any inquiries or complains from the community regarding the subject facility. Prior to the utilization of this grant, the phone number shall be posted on the site so that it is readily visible to any interested party. The hot line shall be posted at the entry and at the cashier desk, and shall be responded to within 24 hours of any complaints/inquiries received on this hot line.

11 CASE NO. ZA (CUB)(CUX)(SPP) PAGE A sign shall be located at the box office area indicating the name and phone number of the responsible person to be contacted in the event the operation of the facility is causing concerns or problems to the surrounding neighborhood. 55. The applicant shall document and maintain a log of complaints received, the date and time received and the disposition of the response. The log shall be made available for review by the Los Angeles Police Department and the Zoning Administrator upon request. 56. All trash, recycling, and storage areas shall be completely enclosed. Trash and recycling bins and storage areas shall be located with a gated, covered enclosure constructed of materials identical to the exterior wall materials of the building. The enclosure shall be a minimum of 6 feet high, and shall have a separate area for recyclable materials. 57. Within 30 days of the effective date of the Department of Alcoholic Beverage Control license, and within 30 days of the effective date of any modification or alteration of terms of said license, the applicant shall transmit a copy of the valid Department of Alcoholic Beverage Control license to the Zoning Administrator for attachment to the case file. 58. If at any time during the period of the grant, should documented evidence be submitted showing continued violation(s) of any condition(s) of the grant, resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Zot:ii La. Administrator will have the right to require the petitioner(s) to file for a plan approval application together with the associated fees, to hold a public hearing to review the petitioner's compliance with and the effectiveness of the conditions of the grant. The petition(s) shall submit a summary and supporting documentation of how compliance with each conditions of the grant has been attained. 59. The approved conditions shall be retained on the premises at all times and produced immediately upon request of the Police Department or City staff. 60. The applicant/operator shall maintain on the premises and present upon request to any law enforcement officer, a copy of the Business Permit, Insurance information, and a valid emergency contact phone number for the Valet service(s) used by applicant/operator. 61. Copies of any approvals, guarantees or verification of consultations, review of approval, plans, etc., as may be required by the subject conditions, shall be provided to the Department of City Planning prior to clearance of any building permits, for placement in the subject file. 62. Use, area, height, and yard regulations of the zone classification of the subject property shall be complied with, except where granted conditions differ herein. 63. The granting of this determination by the Office of Zoning Administration does not in any way indicate full compliance with applicable provisions of the Los Angeles

12 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 10 municipal Code Chapter IX (Building Code). Any corrections and/or modifications to plans made subsequent to this determination by a Department of Building and Safety Plan Check Engineer that affect any part of the exterior design or appearance of the project as approved by the Zoning Administrator, and which are deemed necessary by the Department of Building and Safety for Building Code compliance, shall require a referral of the revised plans back to the Department of City Planning for additional review and sign off prior to the issuance of any permit in connections with those plans. 64. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Department of City Planning. 65. Prior to the issuance of any building permits for the project by the Department of Building and Safety, the applicant shall submit all final construction plans that are awaiting issuance of a building permit by the Department of Building and Safety for final review and approval by the Department of City Planning. All plans that are awaiting issuance of a building permit by the Department of Building and Safety shall be stamped by the Department of City Planning Staff as "Final Plans". A copy of the Final Plans, supplied by the applicant, shall be retained in the case file. 66. In the event that this grant is not utilized within three years of its effective date (the day following the last day that an appeal may be filed), the grant shall be considered null and void. Issuance of a building permit, and the initiation of, and diligent continuation of construction activity shall constitute utilization for the purposes of this rant. 67. Prior to the clearance of any conditions,the applicant shall show proof that all fees have been paid to the Department of City Planning, Expedited Processing Section. 68. Within 30 days of the effective date of this grant, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the County Recorder's Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. This agreement with the conditions attached must be submitted to the Department of City Planning for approval before being recorded. After recordation, a certified copy bearing the Recorders number and date shall be provided to the Department of City Planning for attachment to the subject case file. OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES All terms and Conditions of the approval shall be fulfilled before the use may be established. The instant authorization is further conditional upon the privileges being utilized within three years after the effective date of approval and, if such privileges are not utilized or substantial physical construction work is not begun within said time and carried on diligently to completion, the authorization shall terminate and become void.

13 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 11 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 that you advise them regarding the conditions of this grant. VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR 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 pursuant to the authority of this chapter shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this Code." Every violation of this determination is punishable as a misdemeanor and shall be punishable by a fine of not more than $1,000 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 30, 2013, unless an appeal there from is filed with the City Planning Department Development Services Center. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by the required fee, a copy of the Zoning Administrator's action, and received and receipted at the Development Services Center of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are also available on-line at Public offices are located at: Figueroa Plaza 201 North Figueroa Street, 4th Floor Los Angeles, CA (213) Marvin Braude San Fernando Valley Constituent Service Center 6262 Van Nuys Boulevard, Room 251 Van Nuys, CA (818)

14 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 12 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 limits, 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 Department of City Planning's Development Services Center. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assure that you receive service with a minimum amount of waiting. You should advise any consultant representing you of this requirement as well. FINDINGS OF FACT After thorough consideration of the statements contained in the application, the plans submitted therewith, the report by the Department of City Planning Staff thereon, and the statements made at the public hearing on November 6, 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: BACKGROUND The subject property sits on an approximate 40,367 square-foot site along the southern frontage of West 7th Street between Garland Avenue to the east and Hartford Avenue to the west. The proposed theater and restaurant occupies one of six tied parcels that comprise the property. The project site is cunt qtly improved with a 9,453 square-foot commercial structure containing retail, restaurant, and print shop space. It is zoned C4(CVV)-U/4.5 with a Regional Center Commercial land use designation in the Westlake Community Plan and Central City West Specific Plan area. Adjacent land uses include an office building, surface parking, and multi-family residences with approximately 196 units to the north across 7th Street, a single-story commercial structure with retain tenants to the west at 7th Street and Hartford Avenue, a single-story commercial structure with a restaurant and a market selling alcoholic for offsite consumption at the corner of 7th Street and Garland Avenue at the corner of 7th Street and Garland Avenue to the east, and multi-family residences to the south, all in the C4/CW Zone. The applicant is proposing a change of use of the existing print shop, restaurant, and retail store into a theater and restaurant with live entertainment and alcohol sales for onsite consumption. Theater hours of operation and alcohol sales will be from 12:00 p.m. to 2:00 a.m., daily, with restaurant hours of operation and alcohol sales from 9:00 a.m. to 2:00 a.m., daily. In addition, the applicant will be undertaking renovations of the project site, including but not limited to, the replacement of glass windows, new doors, facade improvements, and the removal of existing tenant signs with a new marquee.

15 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 13 Posting: On October 30, 2013, proof of posting was submitted by BTC certifying that posting was conducted on October 23, 2013, with placement of the hearing notice on 7th Street, Garland Avenue, and Hartford Avenue in accordance with the Code requirement to post the hearing notice at least ten (10) days prior to the scheduled hearing date. s: The signatures of the abutting property owners in support of the request have not been included on the applicant's Master Land Use Permit. Previous Cases, Affidavits, Permits, and Orders on the Applicant's Property On October 15, 2013, staff utilized the Zoning Information Mapping Access System (ZIMAS) and the Planning Case Tracking System (PCTS), seeking past planning cases, affidavits, permits, and orders on the subject site and found that no relevant cases were found for the project site. Previous Cases, Affidavits, Permits, and Orders on Surrounding Properties On October 15, 2013 staff utilized a 600-foot radius map via the Zoning Information Mapping Access System (ZIMAS) and the Planning Case Tracking System (PCTS), seeking past City Planning cases associated with requests and issues similar to this case. Relevant cases within the last 10 years include: Case No. DIR SPP On March 19, 2008, Project Permit Compliance was granted allowing a sign program with a total of nine signs for a retail store front of an existing mixed-use building located at 1234 West Wilshire Boulevard. Case No. DIR SPP On August 23, 2006, Project Permit Compliance was granted allowing the construction of a six-foot by six-foot monument sign into an existing planter at a property located at 1200 Wilshire Boulevard. Case No. APCC SPE On October 24, 2005, the Central Area Planning Commission approved a Specific Plan Exception to permit a maximum 279 square-foot wall sign (Aetna) in-lieu of the maximum permitted 75 square-foot wall sign on an existing 10-story building located at 1200 West 7th Street. Case No. ZA (CUB) On December 27, 2002, the Zoning Administrator approved a conditional use to allow the sale of dispensing of beer and wine for on-site consumption in conjunction with a 4,500 square-foot restaurant located at 1301 West 7th Street.

16 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 14 General Plan, Specific Plans and Interim Control Ordinances Community Plan: The subject property is located within the Westlake Community Plan, which designates the site for Regional Center Commercial land use, with corresponding zones of C4, C2, RAS3, RAS4, P, and PB. The site is zoned C4(CVV)-U/4.5, which corresponds to the property's location within the Central City West Specific Plan area. Specific Plans, Overlay Districts, and Interim Control Ordinances: The subject property is located within the Central City West Specific Plan area and the Los Angeles State Enterprise Zone. The project is located within, but not subject to, the Freeway Adjacent Advisory Notice for Sensitive Uses. The property is not subject to other overlay districts or interim control ordinances. Streets 7th Street is a designated Secondary Highway dedicated to an 80-foot width at the projects street frontage and is improved with curbs, gutters, and sidewalks. Hartford Avenue is a Secondary Highway dedicated to a 60-foot width at the project's street frontage and is improved with curbs, gutters, and sidewalks. Gar:sr.: Avenue is a Collector Street dedicated to a 60-foot width af 'he project's street frontage and is improved with curbs, gutters, and sidewalks. Public Hearing The public hearing was held on November 6, 2013 in City Hall, Room The applicants representative, Eddie Navarrette (FE Design), presented the project and explained that the existing structure has a majority of the theater improvements associated with its original construction still in place and which would be upgraded to code. He further stated that the theater will be used as an event venue, holding concerts, theater shows, fundraising and special events for both private and non-profit purposes and will not operate as a typical nightclub. The applicant operates a comparable and noteworthy theater in the City of New York, with a positive reputation, maintaining good relations with its neighbors. He provided letters for the file with letters of recommendation and support from representatives of the New York City Council and Community Board. Moreover, he described the numerous community and neighborhood council meetings that were held in an effort to explain the project and address community concerns. One resident from the San Lucas Apartments was in attendance and voiced opposition to the project citing existing levels of noise and loitering and concern that the project would exacerbate those issues. Two area residents spoke in support of the project, stating that venue would be a benefit to the changing community. A representative from Council District 1, which has jurisdiction over the area stated conditional support of the project and requested that a security plan be submitted, and praised the applicant for their community outreach efforts and desire to revitalize the area.

17 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 15 CONDITIONS IDENTIFIED FOR CONSIDERATION 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 and/or other evidence established in the administrative record, and provide the ABC an opportunity to address the specific conduct of alcohol sales and distribution in association with the Conditional Use granted herein by the Zoning Administrator. They may include those identified during hearing testimony, received as part of correspondence via the applicant, stakeholder groups, city agency, other responsible agency, Council District, Mayor's office, etc. Alcohol consumption shall conclude at 1:30 a.m. Alcoholic beverages shall be contained within the restaurant and theater areas of the establishment and shall not be allowed to be consumed outside the premises. There shall not be a requirement to purchase a minimum number of alcoholic beverages. The applicant/operators shall issue wristbands to patrons purchasing or consuming alcoholic beverages in the theater and said patrons shall be required to wear the wristbands at all times while consuming alcoholic beverages on the premises. This condition shall not apply when the establishment is operating an event that is restricted to those 21 years of age or older. Alcoholic beverages shall not be sold or consumed in bottles or cans in the ground floor theater areas. All alcoholic beverages in these areas shall be served in plastic drink containers. The sale of alcoholic beverages for off-site consumption is prohibited. Discounted prices shall be offered for food orders when alcoholic beverages are sold at discounted prices between the hours of 3 p.m. and 8 p.m. in the restaurant and bar areas only. Sales and delivery of alcoholic beverages to customers shall be made from behind the counter where a clerk will obtain the product.

18 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 16 There shall be no service, sales or possession of an alcoholic beverage in any area not under the control of the applicant. No self-service of alcoholic beverages is permitted. No person under the age of 21 shall sell or deliver alcoholic beverages. Signs shall be posted at each entrance in both English and Spanish indicating California State Laws prohibiting the sale of alcoholic beverages to persons under the age of 21 years. "No Loitering or Public Drinking" signs shall be posted in English and Spanish both inside and outside of the establishment. All alcoholic beverages shall be sewed in clear plastic containers in the ground floor theater area only. No alcoholic beverage shall be served in its original container (e.g., beer or wine cooler bottles, cans, etc.) in the theater area only. No alcoholic beverages shall be consumed outside the subject premises, including the sidewalk, the rear property, outside of any exit areas, or on any property adjacent to the licensed premises. Public Correspondence At the time of report preparation, four letters of opposition were received from residents and the property manager of the San Lucas Senior Apartments located at 1221 West 7th Street, stating that the proposed theater and live entertainment will introcuce additional noise and traffic related problems. Thes.:a. letters referenced the noise associated with an existing bar, Monty, located at the corner of West r Street and Garland Avenue. Two letters of support were submitted, including one from the General Manager of the adjacent Historic Mayfair Hotel and one from an area resident, stating support for the proposed theater and restaurant citing investment in the community and the subsequeni. infusion of activity to the neighborhood. In addition a support list with 11 signatures was provided to the file from area residents from a community meeting held by the applicant's representatives on August 5, The Central City Association submitted a letter to the file, dated November 6, 2013, expressing support of the project serving as an extension of "Downtown's renaissance to communities west of the 110 freeway, and activate a burgeoning nightlife in the area." In addition, several phone calls from Spanish-speaking only residents called inquiring about the purpose of the hearing notice. A letter from the Los Angeles Police Department, dated October 30, 2013, was submitted following the hearing with recommending conditions of approval. No other city departments have submitted any written comments. 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 of the Los Angeles Municipal Code. In

19 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 18 Moreover, the operation of a theater and restaurant will provide a service to the adjacent residences and serve as a destination to the surrounding community, including Downtown, which is walking distance from the project location. 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 project proposes to utilize the existing commercial structure, which was originally constructed as the Playhouse Theater in The building had two subsequent additions in the 70's to accommodate the operation of a print shop resulting in a total floor area of 9,453 square feet. The change of use will convert the existing retail store, print shop and restaurant into a theater and restaurant, with no increase to the building's height, floor area, or other significant features. The applicant will renovate the interior in addition to improvements to the façade, including new windows, doors, the removal of approximately five existing tenant signs and the installation of a new marquee sign. The operation of a theater and restaurant will be consistent with the operation of other restaurants in the vicinity as well as the abutting bar on the same block, which plays music and has alcohol sales and hours of operation concluding at 2 am. In addition, it will return the structure to its original intended use as a theater on property appropriately located along a heavily trafficked Secondary Highway (7th Street) in a Regional Center Commercial land use area with restaurants, bars, retail stores, high-rise off and high densp-,residential structures. Moreover, a consultant hired by the applicant prepared a noise test which determined that due to its original construction as a theater, minimal noise leakage was present during tests at various locations outside the structure, and that the recommended improvements conditioned herein, including the replacement of broken windows and enhanced insulation, would further minimize noise that was slightly evident at the rear of the property. As such, the proposed theater and restaurant with live entertainment and incidental patron dancing together with the sale of a full line of alcoholic beverages for on-site consumption will not adversely affect adjacent uses or degrade abutting properties. 3. The project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any specific plan. There are eleven elements of the General Plan. Each of these elements establishes policies that provide for the regulatory environment in managing the City and for addressing environmental concerns and problems. The majority of the policies derived from these elements are in the form of code requirements of Los Angeles Municipal Code. Except for the entitlements described herein, the project does not propose to deviate from any of the requirements of the Municipal Code. The Land Use Element of the City's General Plan is divided into 35 Community Plans. The subject property is located within the Westlake Community Plan,

20 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 17 order for the sale of a full line of alcoholic beverages for on-site consumption to be authorized, certain designated findings have to be made. MANDATED FINDINGS CONDITIONAL USE 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. The applicant seeks a Conditional Use approval to allow live entertainment with incidental patron dancing together with the sale of a full line of alcoholic beverages for on-site consumption in conjunction with the operation of a theater and restaurant. The hours of operation and alcohol sales in the theater are proposed to be 12:00 p.m. to 2:00 a.m., daily, with the hours of operation and alcohol sales at the restaurant from 9:00 a.m. to 2:00 a.m., daily. The applicant is also requesting a determination of Project Permit Compliance with the Central City West Specific Plan for a change of use from retail store, restaurant, and print shop within an existing commercial structure to a theater and restaurant. The existing commercial building was constructed in 1913 without parking, with four parking spaces having been provided to accommodate subsequent additions to the building in the 70's. The subject property is located along a mixed-use corridor immediately west of Downtown with a Regional Center Commercial land use designation. The Land Use Element within the General Plan characterizes Regional Center areas as accommodating a "broad range of uses that serve, provide job opportunities, and are accessible to the region, are compatible with adjacent land uses, and re developed to enhance urban lifestyles." The project proposes to utilize an existing commercial structure with a change of use from retail store, restaurant, and print shop to a restaurant and theater, which will be compatible with the restaurants, retail shops, and bars in the immediate vicinity. Moreover, the provision of a restaurant and live entertainment satisfies Goal 3F of the Land Use element, which promotes "mixed-use centers that provide jobs, entertainment, culture, and serve the region? The project will enhance entertainment-related opportunities and pedestrian-oriented urban lifestyle activities for those living in the high density residences in the neighborhood as well as those residing a short distance to the east in Downtown. According to the State's License Query System, there is no history of an alcohol license having been issued on the project site, however, an adjacent bar (Monty) at West 7th Street serves a full line of alcoholic beverages for on-site consumption and the Mayfair Hotel at 1256 West 7th Street serves a full line of alcoholic beverages in conjunction with a restaurant. Both of these establishments have no history of disciplinary action or holds. The project will use the existing improvements to operate the theater and restaurant and will provide a service that is compatible with the character of uses in the immediate vicinity.

21 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 19 which designates the site for Regional Commercial land use, with corresponding zones of C4, C2, C4, RAS3, RAS4, P, and PB Zones. The property is also subject to the Central City West (CW) Specific Plan, which aims to regulate development within the Specific Plan area in an effort to preserve the mixed-use character of the community with the regulation of future development promote a jobs-housing balance along major corridors. The existing C4(CW) zoning and the proposed commercial use is consistent with this designation. Relevant Goals, Objectives and Policies of the Westlake Community Plan include: Objective: Policies: To conserve and strengthen viable commercial development in the community and to provide additional opportunities for new commercial development and services That commercial facilities be located on existing traffic arteries and commercial corridors. That neighborhood markets and retail and service establishments oriented to the residents be retained throughout the community, within walking distance of residents. The Central City West Specific Plan has established thresholds for the phasing of development and also imposes procedures for the demolition and creation of new housing opportunities. The proposed project aims a change of use of an existing 9,453 square-foot commercial structure, with no expansion in floor area or height. This is below the established minimum of 40,000 square feet of floor area before being characterized as a phased development and under the 40,000 square feet that subjects a neighborhood serving retail and/or service to the Transportation Impact Mitigation fee. In addition, the property is located within the Los Angeles State Enterprise Zone, an area identified at the state level as being in need of financial incentives to encourage the creation of new businesses and to revitalize the neighborhood. The authorization of the conditional use is consistent with the goals of these land use areas and the underlying zone. Numerous conditions of approval have been incorporated to ensure that the proposed theater and restaurant will provide a beneficial service to the Westlake community. MANDATED FINDINGS ALCOHOL SALES 4. That the proposed use will not adversely affect the welfare of the pertinent community. The proposed use will not adversely affect the welfare of the pertinent community because the sales and service of a full line of alcoholic beverages will not be detrimental to the character of the immediate area and will have a positive impact on the economic welfare of the community. The sale of a full line of alcoholic beverages within the proposed restaurant and theater will provide a local amenity to nearby residents and area patrons both in the immediate neighborhood and

22 CASE NO. ZA (CLI13)(CUX)(SPP) PAGE 20 the Downtown community located three blocks east of the project site, and has been conditioned to be operate responsibly with substantial care placed to ensure that there are no adverse effects for the community. The surrounding neighborhood consists of commercial uses, including various retail, bar, restaurant, office, and high density residences along 7th Street. The theater and restaurant benefits the surrounding community and the imposed conditions require that care be placed on the applicant to operate responsibly so as to not adversely affect any nearby residences or properties. 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 the undue concentration; and also giving consideration to the number and proximity of these establishments within 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 (ABC), three off-site licenses and four on-site licenses are allocated to Census Tract No Currently, there are four active off-site licenses and three active on-site licenses found within the census 4. The applicant's proposal to add ors onsite license in the census tract is well within the established number allocated by the Department of Alcoholic Beverage Control for the sale of alcohol for on-site consumption within the census tract. The subject location is within an area where there is a concentration of commercial activity. This area includes local restaurants, bars, small markets (one selling alcohol for off-site consumption), and hotels where alcohol sales are considered integral to their respective operations. Given the pattern of development, the existing character of the neighborhood, and its close proximity to Downtown, the addition of a license allowing the sale of a full line of alcoholic beverages for on-site consumption in conjunction with the operation of a restaurant and theater would be an added amenity for local residents, neighborhood patrons, and visitors alike. Statistics from the Los Angeles Police Department reveal that in the subject Crime Reporting District No. 269, which has jurisdiction over the subject property, a total of 159 crimes were reported in 2012, compared to the citywide average of 146 crimes or the 176 crimes reported in the highest crime reporting district for Of the 115 Arrests associated with this reporting district, one arrest was for drunk and disorderly conduct and 15 were made for driving while intoxicated. The crime rate numbers are representative of being in a Regional Center Commercial land use area, along a Secondary Highway, and with adjacency to Downtown, where a concentration of entertainment-related and alcohol-serving establishments cater to night-time activities for residents and visitors alike.

23 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 21 Nevertheless, the Police Department has reviewed the request and has not opposed the request for the sale of a full line of alcoholic beverages for on-site consumption at the subject site. Conditions including many suggested by the Police Department have been incorporated into this action which will help to safeguard the community and provide for a responsible operation. Such conditions will help further to mitigate any potential negative impacts. The requirement for the term grant will additionally insure that oversight is maintained. 6. That 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 alcoholic beverages, including beer and wine. The following sensitive uses are located within a 600-foot radius of the project site: Immaculate Conception Parish Center Green Avenue Victory Outreach 1234 West 7th Street Four letters of opposition were received from residents and the property manager of the San Lucas Senior Apartments located at 1221 West 7th Street, stating that the proposed theater and live entertainment will introduce additional noise and traffic related problems. These letters is', &anted the noise associated with an existing bar, Monty, located at the corner of West 7th Street and Garland Avenue, Two letters of support, including one from the General Manager of the adjacent Historic Mayfair Hotel, were submitted and stated support for the proposed theater and restaurant citing investment in the community and the subsequent infusion of activity to the neighborhood. In addition a support list with 11 signatures was provided to the file from area residents from a community meeting held by the applicant's representatives on August 5, The approval of the application will not detrimentally affect nearby residential zones or uses because the applicant believes their project can serve the neighboring residents, patrons and guests of adjoining bars, restaurants, and hotel. The intent of the proposed restaurant and theater together with the sale of a full line of alcoholic beverages and live entertainment is to provide a convenient amenity for those that live and work in the area, as well as visitors. Moreover, the restaurant and theater is permitted in the Regional Center Commercial land use designation, which promotes "[m]ixed-use centers that provide jobs, entertainment, culture, and serve the region." The applicant has stated that substantial care will be placed to operate responsibly, and combined with conditions imposed by, the Zoning Administrator, nearby residential zones should not be negatively impacted. As previously stated, the acoustical analysis determined that, as a result of the building's original construction as a theater, minimal noise leakage was present that would be further reduced with the incorporation of the improvement conditions required herein.

24 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 22 PROJECT PERMIT COMPLIANCE FINDINGS 7. The project substantially complies with the applicable regulations, findings, standards, and provisions of the specific plan. Central City West Specific Plan Section 6. Land Use F. Permitted Uses 8. C4(CVV) Commercial Category. The following regulations shall apply to all lots in the C4(C140 Category. a. Use (1)The use and area regulations of Section of the LAMC shall apply to all lots in the C4(CW) Category within the Specific Plan area. LAMC Section C4 Commercial Zone A. Use (2) Any use permitted in the C2 Zone, provided that all regulations and limitations of said C2 Commercial Zone are complied with, except: LAMC Section C2 Commercial Zone 1.(a). Types of Uses: (10) Restaurant, tea room or cafe (including entertainment other than dancing) or a ground floor restaurant with an outdoor eating area. An outdoor eating area for z, round floor restaurants may be located anywhere between the building and any required side or rear yard. 4. Any use permitted in the C1.5 Limited Commercial Zone provided that all regulations and limitations of the C1.5 Limited Commercial Zone are complied with except as provided in this section. LAMC Section C1.5 Limited Commercial Zone A. Use 2. The following stores, shops, services or facilities when conducted in accordance with the limitations hereafter specified: (a) Types of Uses: (30) Theatre, and showcase theatre. The Central City West Specific Plan defers to the Los Angeles Municipal Code (LAMC) for permitted uses in the C4(CW) zone. The project proposes a change of use from print shop to restaurant and theatre. The project will convert approximately 9,453 square feet of the existing building from a light manufacturing print shop into a space for dining, entertainment, and administration. The C4 zone allows any use permitted in the C2 Commercial and C1.5 Limited Commercial Zones. As such, "Restaurant...including entertainment" is permitted under the C2 zone and "Theatre" is permitted under the C1.5 zone and therefore both are allowed by the C4(CW) zone in the Specific Plan.

25 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 23 Central City West Specific Plan 14.B. Permitted Signs 1. Except where expressly provided otherwise below, LAMC Section 14.4 shall apply to signs. 14.E. Height The height to the top of any sign, other than a building/business identification sign, shall be limited to a maximum of 20 feet above the elevation of the sidewalk or edge of the roadway nearest the sign, except that Premises which take their primary access from an exterior walkway open to the public may measure from the highest level of such exterior walkway directly under the sign. The height of the Marquee Sign will not be higher than 20 feet above elevation of the adjacent sidewalk or edge of roadway. As per Exhibit A and Condition of Approval Number 5, the height to the top of the sign is 11-7" and therefore is in compliance. Aside from height, the Central City West Specific Plan does not address Marquee Signs, therefore the project must comply with the Los Angeles Municipal Code. Los Angeles Municipal Code (LAMC) Section Marquee Signs The applicable regulations in Section discuss: Thickness the maximum height or thickness of a marquee measured vertically from ifs lowest to its highest point shall not exceed 3 feet where the marquee projects more than two-thirds the distance from the propene.), fine to the curb line, and shall not exceed 9 feet where the marquee is less than two-thirds the distance from the properly line to the curb line. Construction a marquee shall be supported entirely from the building and constructed of noncombustible materials. As per Exhibit A, the proposed Marquee Sign on the north elevation extends 10'- 6" beyond the property line over a 12' sidewalk, which is greater than two-thirds the distance to the curb line, therefore the thickness of the sign shall not exceed three feet. The Marquee Sign thickness, per Exhibit A and Condition of Approval Number 6, is 2'-1", thus complying with this requirement. As evident in Exhibit A, the Marquee Sign is supported by a structure attached to the building and as per Condition of Approval Numbers 9 and 10, all materials shall be approved by the Department of Building and Safety and the Fire Department. Therefore, as conditioned, the project complies with Section 14.E of the Specific Plan. 8. 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. 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, with imposition of the

26 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 24 mitigation measures described in the MND (and incorporated into the Conditions of Approval herein), there is no substantial evidence that the proposed project will have a significant effect on the environment. The applicant for the proposed theater and restaurant submitted an acoustical analysis prepared by Alabama Music and Audio Supervision (included in the file), which determined that the noise testing, conducted at 25% greater than sound pressure level of a normal rock show (110db), showed no mid to high frequency sound energy escaping from the venue, that minimal low frequency was audible at the rear of the building where broken windows are evident and which have been conditioned herein to be replaced along with other improvements. Moreover, the acoustical analysis found that ambient noise at 90db was non-existent at other test sites surrounding the structure. The existing structure was found to be solid, with a very high sound isolation value, and having a good acoustical environment due to its original design, construction, and use as a theater. The acoustical analysis included a series of recommended solutions to further minimize noise leakage, which the applicant's representative agreed were acceptable additional conditions of approval. This was included as condition number 35. As such, the proposed theater and restaurant with live entertainment and incidental patron dancing together with the sale of a full line of alcoholic beverages for on-site consumption will not adversely affect adjacent uses or degrade abutting properties. The attached Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. The records upon which Y.'s decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. ADDITIONAL MANDATORY FINDINGS 9. 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, which are areas identified on the flood map as areas of moderate or minimal hazard from the principal source of flood. 10. On October 30, 2013, the City Planning Department issued Mitigated Negative Declaration No. ENV MND. This Mitigated Negative Declaration reflects the independent judgment of the lead agency and determined that this project would not have a significant effect upon the environment provided the potential impacts are mitigated to a less than significant level. I hereby adopt that action. The custodian of the documents or other material which constitute the record of proceedings upon which the decision is based are located with the City of Los Angeles, Planning Department located at 200 North Spring Street, Room 750, Los Angeles, California.

27 CASE NO. ZA (CUB)(CUX)(SPP) PAGE 25 Inquiries regarding this matter should be directed to Luciralia Ibarra, Planning Staff for the Office of Zoning Administration. Luciralia Ibarra City Planner (213) F RNANDO TOVAR Associate Zoning Administrator FT:LI:liq cc: Councilmember Gil Cedillo First District Adjacent Property Owners

28 0 0 FROJECT SOO. THE BOWERY LEFT LLC 1234 )%7Th St LOS MIMES CA StIOMITIN. IIMEIECOW URI LI REV taleirileit /101r54. HM BRE=LE X141Wi "114'11 PARKING PLAN tr; I Page D of Ise _Cate Npalig32.aeb.1 I me" A-09