RESOLUTION NO. PC 13-1060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST HOLLYWOOD, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT, AND APPROVAL OF A DEVELOPMENT PERMIT AND PARKING USE PERMIT FOR THE EXPANSION OF A BAR AND RESTAURANT, LOCATED AT 8911-8913 SUNSET BOULEVARD, WEST HOLLYWOOD, CALIFORNIA. (ROCK AND REILL Y'S IRISH PUB) The Planning Commission of the City of West Hollywood does hereby resolve as follows: SECTION 1. On August 12, 2013, a request was filed by Craig Ley of LORE Group for a Development Permit and an amendment to an existing Conditional Use Permit to allow the expansion of an existing bar and restaurant use into an adjacent tenant space with a new outdoor seating area fronting Sunset Boulevard, and provide all required parking spaces for the expansion at an off-site facility. The application was deemed complete on November 20, 2013. SECTION 2. The Planning Commission considered the request at a duly noticed public hearing on December 19, 2013. Notice of the public hearing before the Planning Commission was posted on the site for a period of at least twenty-eight days, beginning on November 21, 2013. Notices were mailed to surrounding property owners and occupants within a 500-foot radius, and Neighborhood Watch groups on December 9, 2013. SECTION 3. The proposed project has been determined not to have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, which exempts bar and restaurant structures that do not involve the use of significant amounts of hazardous substances and do not exceed 10,000 square feet in floor area where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The subject bar and restaurant will expand the existing 1,835-square-foot space by 765 square feet for a total size of 2,600 square feet, will not involve hazardous materials, is not within an environmentally sensitive area, and all public services and facilities are available for the location. SECTION 4. In accordance with Section 19.52.040 of the West Hollywood Municipal Code, the Planning Commission of the City of West Hollywood hereby makes the following findings of fact regarding an amendment to Conditional Use Permit 003-001: a. The proposed use is allowed within the Sunset Specific Plan (SSP) zoning district with conditional use permit approval, and complies with ITEM 10.B. EXHIBIT A
Page 2 of 8 all other applicable prov1s1ons of the Zoning Ordinance and the Municipal Code. The bar and restaurant use has existed at this located with a conditional use permit since July 1996. The proposed expansion of the use into the adjacent space and the creation of a new outdoor seating area will not change the hours or operation of the establishment and is permitted with the approval of an amendment to the existing Conditional Use Permit. b. The proposed project is consistent with the goals, policies, and general land uses of the General Plan and the Sunset Spec~lfic Plan, which promotes a diversity of uses on Sunset Boulevard including restaurants, bars, and cafes that support both the daytime and nighttime populations (Policy: LU-15.1.d). c. The site is physically adequate for the type, density, and intensity of the proposed expansion, including provision of services, public access, and the absence of physical constraints. The relatively small expansion of the existing bar and restaurant with an outdoor seating area is not anticipated to significantly incre~se demand on provision of services such as sanitation and water and poblic access. d. The design, location, size and operating characteristics of the proposed expansion to the bar and restaurant is compatible with the existing and future land uses on-site and in the vicinity of the subject property. The bar has existed at this location with a conditional use permit since 1996. Additionally, the land uses in the area are compatible in that there are other entertainment, restaurant, bar and nightclub uses along Sunset Boulevard. e. The?65-square-foot expansion to the existing 1,835-squre-foot establishment and new 135-square-foot outdoor seating area at this location will not result in adverse impacts on the neighborhood, given that Rock and Reilly's has existed at this location since 2011 without significant incident, is located within a lively environment with many different commercial uses, including restaurants, bars, nightclubs, and will continue to be subject to all the conditions of approval from the existing Conditional Use Permit. There is no evidence of a pattern of public inconvenience or disruption attributed to the subject site and the Sherriff's Department, and the City's Code Compliance and Public Safety Divisions have all indicated that there is not a cause for concern regarding crime or public safety at the subject site or with the proposed project. Therefore, as conditioned the expansion of the establishment into the adjacent vacant tenant space and the creation of a new outdoor seating area will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety or the general welfare of persons residing or working in the vicinity of the proposed use.
Page 3 of 8 SECTION 5. In accordance with Section 19.48.050 of the West Hollywood Municipal Code, the Planning Commission of the City of West Hollywood hereby makes the following findings of fact regarding Development Permit 013-036: a. The proposed use is allowed within the Sunset Specific Plan (SSP) zoning district with Conditional Use Permit approval, and complies with all other applicable provisions of the Zoning Ordinance and the Municipal Code. The bar and restaurant use has existed at this located with a Conditional Use Permit since July 1996. The proposed expansion of the use into the adjacent space (formerly a psychic business) is deemed an intensification of use. Rock and Reilly's, after expansion, will not change the hours or operation of the establishment. b. The 765-square-foot expansion to the existing 1,835-squre-foot bar and restaurant at this location will not result in adverse impacts on the neighborhood, given that Rock and Reilly's has existed at this location since 2011 without significant incident, is located within a lively environment with many different commercial uses, including restaurants, bars, nightclubs, and will continue to be subject to all the conditions of approval from the existing conditional use permit. There is no evidence of a pattern of public inconvenience or disruption attributed to the subject site and the Sherriffs Department, and the City's Code Compliance and Public Safety Divisions have all indicated that there is not a cause for concern regarding crime or public safety at the subject site or with the proposed project. Therefore, the expansion of the establishment at this location into the adjacent vacant tenant space will not endanger, jeopardize, or otherwise constitute a menace to the public convenience, health, interest, safety or the general welfare of persons residing or working in the vicinity of the proposed use. c. The proposed project is consistent with the goals, policies, and general land uses of the General Plan and the Sunset Specific Plan, which promotes a diversity of uses on Sunset Boulevard including restaurants, bars, and cafes that support both the daytime and nighttime populations (Policy: LU-15.1.d). d. The expansion of the bar and restaurant will include a new passageway between the two existing spaces, thus creating a single lease space that would be occupied entirely by Rock and Reilly's Irish Pub. The project also includes the relocation of the storefront approximately 12 feet into the building on the expanded area side to accommodate a new 135-square-foot outdoor seating patio. There is no new structure or significant change to the existing structure being proposed. Therefore, the compatibility finding is not applicable to the current request.
Page 4 of 8 SECTION 6. In accordance with Section 19.56.050 of the West Hollywood Municipal Code, the Planning Commission of the City of West Hollywood hereby makes the following findings of fact regarding Parking Use Permit 013-025: a. The shared use of nine (9) off-site parking spaces at 8919-8923 Sunset Boulevard for the proposed expansion is allowed within the SSP Zoning District with Parking Use Permit approval, during nonbusiness hours for the businesses at this location. As conditioned, the off-site parking use complies with all of the applicable provisions and intent of Article 19-2 of the WHMC. There are no known current Municipal Code violations on the property and any known violations have been abated; b. The proposal for off-site parking is consistent with the goals and policies of the General Plan. Specifically, Policy LU-15.5 encourages parking spaces to be located behind buildings hidden from public view so as not to detract from the pedestrian experience. Additionally, Policy LU-15.6 seeks to create a park-once district for this area that allows for centralized, shared parking facilities from which customers and employees can then walk to and between multiple destinations. The proposed off-site parking spaces would be located at the rear of the building through the use of the existing valet service at a time when the spaces are not used by the primary business onsite. Therefore, the off-site parking request would not impair the City of West Hollywood from achieving the goals and policies of the General Plan; and c. The location for the proposed off-site parking is available to share its excess parking spaces during non-business hours. As conditioned, the use of the parking location will not adversely affect nearby residents or properties, given that the vehicles parked in these spaces will be managed by the existing valet company for Rock and Reilly's. SECTION 7. Pursuant to the above findings, the Planning Commission of the City of West Hollywood hereby approves an amendment to Conditional Use Permit 003-001, Development Permit 013-036, and Parking Use Permit 013-025 subject to the following conditions: CONTENTS: 1.0 Legal Requirements 2.0 Project Description 3.0 Operations 4.0 Parking 5.0 Conditional Use Permit
Page 5 of 8 1.0 LEGAL REQUIREMENTS 1.1) This permit shall not be effective for any purpose unless within 60 days of the approval of this permit a duly authorized representative of the owner of the property has filed with the Department of Community Development, a notarized affidavit accepting all the conditions of this permit. This affidavit shall be recorded with the County Recorder and is binding on successors. If the property owner is a corporation, then an officer of the corporation duly authorized to bind the corporation shall sign the acceptance affidavit. ( Planning) 1.2) If any provision of this permit is held or declared by a court of competent jurisdiction to be invalid and such invalidation would result in a material change to the obligations of or the benefits accruing to either the City or the applicant hereunder, the Director may declare the permit to be void and the privileges granted hereunder to have lapsed. ( Planning) 1.3) The failure to comply with any of the conditions of approval shall be grounds for revocation of the permit. ( Planning) 1.4) Approval of this permit shall expire twenty-four (24) months from the date of approval by the Planning Commission, unless significant construction or improvements or the use authorized hereby has commenced or an extension of the permit has been granted. One or more extensions of time for use inauguration may be requested. No extension shall be considered unless requested at least 30 days prior to the expiration date. ( Planning) 1.5) In the event thaf the applicant violates or fails to comply with any of the conditions of approval of this permit, the City may take measures to cure such violations, including but not limited to, revocation of this permit. The applicant shall be required to reimburse the City fully for its costs and expenses, including but not limited to, attorney's fees, in undertaking such corrective action. Reimbursement of enforcement costs shall constitute a civil debt and may be collected by any means permitted by law. In the event that violations of this permit occur, the City shall refrain from issuing further permits, licenses or other approvals until such violation has been fully remedied. ( Planning) 1.6) Construction permits for project shall not be issued until this permit is deemed final based on section 19.62.020 of the Zoning Code. ( B&S, Planning) 1. 7) The applicant shall defend, indemnify and hold harmless the City and its agents, employees and officers from any claim, action, or proceeding brought by a third party against the City, its agents, employees or officers and the applicant to attack, set aside, or void any this resolution or any permit authorized hereby for the project, including (without limitation) reimbursing the City its actual attorney fees and costs in defense of the Litigation. ( Planning) 1.8) All terms and conditions of Resolution No. PC 04-522 for Conditional Use Permit 003-001 and any subsequent amendments thereto shall remain in effect and are hereby incorporated as conditions of this approval. ( Planning) 2.0 PROJECT DESCRIPTION 2.1) This permit allows the expansion of an existing 1,835-square-foot bar and restaurant use into an adjacent 765-square-foot tenant space, the creation of a 135-square-foot outdoor seating area fronting Sunset Boulevard, and provides nine (9) parking spaces for the expansion at an off-site facility located next door at 8919-8923 Sunset Boulevard during the hours indicated in Condition No.3.1.
Page 6 of 8 2.2) Maximum occupancy for the existing establishment and the expansion shall be determined by the Building and Safety Division. ( B&S) 2.3) This approval is for those plans reviewed and approved by the Planning Commission at a hearing on December 19, 2013. A copy of said plans shall be maintained in the files of the City Planning Division. The project shall be developed and maintained in substantial conformance with said plans, except as otherwise specified in these conditions of approval. ( Planning) 3.0 OPERATIONS 3.1) The table below indicates the allowed hours of operation for the existing establishment, the expanded area, and the outdoor seating patio. ( Planning, Code Compliance) Daily Hours 1 Interior Bar and Restaurant 11 :00 a.m. to 2:00 a.m. Expanded Area for Bar and Restaurant 7:30 p.m. to 2:00 a.m. l Outdoor Seating Patio 11:00 a.m. to 2:00 a.m. J 3.2) All patrons shall exit the establishment by the closing times indicated in Condition 3.1. ( Code Compliance) 3.3) The hours of operation for the expanded area, as indicated in Condition 3.1, are restricted due to availability of parking spaces at the off-site facility after 7:30 p.m. The hours of operation for the expanded areas shall be in effect until such time as this permit is superseded by a subsequent Parking Use Permit or the business satisfies the required parking requirements pursuant to the provisions of the Zoning Ordinance to the satisfaction of the E>irector of Community Development. In the event that the nine spaces are secured at another location or the business satisfies the parking requirements in another manner, an amendment to this PUP and CUP shall be reviewed and considered for approval by the Director of Community Development Department to approve different hours and different parking in accordance with WHMC. ( Planning & Code Compliance) 3.4) All applicable provisions of Chapter 1 of Article V (Health Code) of this Code shall be observed in all areas of the establishment. ( Code Compliance) 3.5) Operations of the establishment shall comply with the Noise Control Ordinance of the West Hollywood Municipal Code. (_Code Compliance) 3.6) There shall be no amplified sound or music in the outdoor patio area, except that ambient background music is permitted. ( Code Compliance) 3.7) All doors at secondary and emergency entrances and exits not oriented toward commercial streets shall be closed by 10:00 p.m. except during bona fide emergencies. (_ Planning, Code Compliance) 3.8) In order to reduce runoff into the storm drains and meet the requirements of the City's National Pollution Discharge Elimination System (NPDES) permit, the applicant shall comply with the following conditions: (_Environmental Services)
Page 7 of 8 a. The outdoor patio area shall not be hosed down. Instead, the area should be cleaned with a broom and/or mop. Debris that is swept shall be picked up and deposited into a waste bin, not swept into the street. b. At least one exterior waste receptacle shall be provided. c. Tabletop ashtrays shall be provided at all tables where smoking is permitted. 3.9) Establishment management shall investigate and resolve any complaint of violation of these conditions or any reports of nuisance caused by customers, neighbors, or employees of the restaurant and follow up with the complainant within 24-hours of receiving the information. The establishment shall make every effort to eliminate the complaints at the time of the call and shall call the complainant back after the problem has been resolved if the complainant so requests.(_ Planning, Code Compliance) 3.10) If the Community Development Director finds that the operation of the outdoor patio area results in significant off-site noise or disturbances to the neighboring residences or businesses, the Director may initiate a public hearing at the applicant's expense to modify the conditions of this permit to reduce or eliminate such complaints. (_Planning) 4.0 PARKING 4.1) The total number of parking spaces required for the entire establishment is thirty-four (34). A minimum of nine (9) off-site parking spaces shall be provided for the subject expansion at 8919-8923 Sunset Boulevard as a shared parking facility during nonbusiness hours (after 7:30 p.m.). Additionally, a minimum of twenty-one (21) off-site parking spaces shall be maintained for the existing establishment within the parking facility across the alley, in addition to the four (4) existing on-site spaces at this location. ( Planning) 4.2) Off-site parking shall be in effect until such time as this permit is superseded by a subsequent Parking Use Permit, the business satisfies the required parking requirements pursuant to the provisions of the Zoning Ordinance, or a Parking Credit District is implemented within this area as part of the Parking Credits Program.( Planning) 4.3) All requirements related to parking in Planning Commission Resolutions 96-77 and 99-206 shall remain in full force and effect. ( Planning) 4.4) The establishment shall provide information for patrons regarding locations for available off-street parking both on the business website, and posted in a conspicuous location on the premises. ( Planning, Code Compliance) 4.5) At any time the City of West Hollywood consolidates valet service in the vicinity as part of a shared valet program, the business shall participate in the program. ( Long-Range & Mobility Planning) 4.6) The use off-site parking lot located across the public alley shall require a full-time parking attendant during all hours of operation. ( Planning) 5.0 CONDITIONAL USE PERMIT 5.1) Applicable licenses shall be obtained and maintained from the State Alcoholic Beverage Control Board for the existing establishment and for the expanded area. ( Planning)
Page 8 of 8 5.2) All new employees selling alcoholic beverages to patrons shall enroll in and complete a certified training program approved by the State Department of Alcoholic Beverage Control (ABC) for the responsible sales of alcohol. The training shall be offered to new employees on no less than a quarterly basis.( Planning) 5.3) A Designated Driver sign of at least 1 O" x 1 O" must be displayed at all public entrances to the establishment at eye level. The sign shall be worded in a way that reminds patrons who are consuming alcohol to designate a non-drinking driver. ( Planning) 5.4) The applicant shall post signs of at least 1 O" x 1 O" at exits to the establishment and within all parking areas, requesting patrons to respect residents of nearby residential neighborhoods by being quiet when leaving the restaurant. ( Planning) 5.5) The management shall install at the inside of all exits, signs advising customers that alcoholic beverages may not be removed from the premises.( Code Compliance) 5.6) Establishment management shall not permit any public nuisance in the outdoor dining area, including but not limited to, unruly behavior by patrons, or any interaction with passersby, which may contribute to unruly behavior on the street, or in the parking lot. ( Code Compliance) 5.7) The establishment shall allow access by the City of West Hollywood Code Compliance Division and the Los Angeles County Sheriffs Officers during all hours of operation. APPROVED BY A MOTION OF THE PLANNING COMMISSION OF THE CITY OF WEST HOLLYWOOD ON THIS 19TH DAY OF DECEMBER, 2013. ATTEST: DONALD DELUCCIO, CHAIRPERSON DAVID DEGRAZIA, ACTING PLANNING MANAGER CURRENT & HISTORIC PRESERVATION PLANNING