[Q] R5-4D 127-5A209 Central Central City 14 2077.10 5144018026 With Conditional Use Permit - Beer and Wine 830-832 S. Olive Street 90014 Portion of 15 arb 2 Portion of 53 Huber 40' x 164.55' 6,584.00 5,340 Conditional Use Permit to allow the sale of beer and wine for on-site consumption and off-site sales in conjunction with a proposed 5,340 sq. ft. restaurant/brewery including a 851 sq. ft. ancillary brewery and a 172 sq. ft. outdoor patio in the public right of way with 116 indoor seats and 16 outdoor seats. Hours 6am - 2am daily. Office Restaurant / brewery Pending N/A 0 0 0 0 12.24 W 1 Conditional Use Permit to allow the sale of beer and wine for on-site consumption and off-site sales in conjunction with a proposed 5,340 sq. ft. restaurant/brewery including a851sq. ft. ancillary brewery anda172sq. ft. outdoor patio in the public right-of-way with 116 indoor seats and 16 outdoor seats. Hours of operation6am-2am,daily. N/A N/A
PROJECT DESCRIPTON AND FINDINGS OF FACT CONDITIONAL USE PERMIT Modern Times Beer 830-832 S. Olive Street PROJECT DESCIRPTION: Request: Conditional Use Permit to allow the sale of beer and wine for on-site consumption and off-site sales in conjunction with a proposed 5,340 square-foot restaurant/brewery including a 851 square-foot ancillary brewery and an outdoor 172 square-foot patio in the public right-of-way with 116 indoor seats and 16 outdoor seats. Proposed hours of operation are from 6:00 a.m. to 2:00 a.m., daily. 1
BACKGROUND: The subject property is zoned [Q] R5-4D. Ordinance 164,307, effective 1/30/1989, established the Q and D conditions on the property. The D Limitations are not applicable as we are not adding floor area or altering the floor area ratio on the subject site. The Q Conditions include the following language: Notwithstanding Municipal Code Section 12.22-A.18, the property shall be limited to the following uses: I. Residential uses permitted in the R5 Zone. 2. Hotels, motels, and apartment hotels. 3. Parking buildings, provided such parking is accessory to the main use of the lot or accessory to the main use of another lot not more than 1500 feet distant therefrom. 4. Any other uses permitted in the C4 zone within buildings which were in existence on the lot upon the effective date of this ordinance. 5. Any other use permitted in the C4 Zone provided the floor area ratio of such use does not exceed 2:1. The Zoning Administrator made an Interpretation under ZA 2007-5927 (ZAI) that a Conditional Use Permit may be filed under 12.24-W,1 of the Los Angeles Municipal Code for properties in the [Q] R5 Zone in downtown Los Angeles when it includes a Q Condition with language as written in this case. 2
Among the findings of fact: Section 12.24-W,1 of the Code authorizes the Zoning Administrator, upon application, to grant a conditional use permit for the sale and dispensing for consideration of alcoholic beverages, including beer and wine, for consumption on the premises or off-site of the premises in the CR, C1, C1.5, C2, C4, C5, CM, MR1, MR2, M1, M2 and M3 Zones Section 12.-22-A, 18(b) of the Code provides an exception to encourage mixed use development in the R5 Zone in downtown Los Angeles: 18. Developments Combining Residential and Commercial Uses. Except where the provisions of Section 12.24.1 of this Code apply, notwithstanding any other provision of this chapter to the contrary, the following uses shall be permitted in the following zones subject to the following limitations: (Amended by Ord. No. 163,679, Eff. 7/18/88.) (b) (Amended by Ord. No. 173,754, Eff. 3/5/01.) Any use permitted in the CR, C1, C1.5, C2, C4 or C5 Zones on any lot in the R5 Zone provided that the lot is located within a Central City Community Plan Area. Any combination of these commercial and residential uses shall also be permitted on the lot. Commercial uses or any combination of commercial and residential use may be permitted on any lot in the R5 Zone by conditional use pursuant to Section 12.24-W, 15 in other redevelopment project areas approved by the City Council. Many properties in the Central City Community Plan area are zoned [Q] R5, with the [Q] conditions typically reading: 1. Any other uses permitted in the C4 Zone within buildings which were in existence on the lot upon the effective date of this ordinance. 2. Any other use permitted in the C4 Zone provided the floor area ratio of such use does not exceed 2:1. 3. Any other use permitted in the C4 Zone, including commercial uses with a floor area ration from 2:1 to 6:1, provided the development plan is approved Therefore, as the C4 Zone permits alcohol consumption through a Conditional Use Permit process under 12.24-W 1, the applicant has filed the subject application. 3
FINDINGS: 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 proposed project will be located on the ground floor of an existing mixed use commercial (first floor) / residential (second and third floors) development at 830-832 S. Olive Street. Downtown Los Angeles has been subject of major revitalization efforts over the last decade which includes the addition of many restaurants in the area. The use will be located in a convenient location for people who live, work, or shop in the downtown area. It is within walking distance from many multi-family residential properties and is accessible via public transportation. The land uses and zoning within a 500-foot radius of the property are reflective of similar and compatible commercial/residential uses found in Downtown Los Angeles. Properties to the north include surface parking in the [Q] R5-4D Zone; properties to the east include multi-family residential, retail, office and parking uses in the [Q] R5-4D zone; properties to the west include multi-family residential, retail and parking uses in the [Q] R5-4D Zone; and properties to the south include a new mixed use restaurant, retail and residential development in the [Q]R5-4D zone. 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 tenant space will occupy the first floor of a 3-story building with basement. The top two stories are residential units. Abutting to the south are properties developed for the same Onni Group ownership as the subject site and approved under ZA 2013-1013 (MCUP)(ZV)(SPR). Recently completed, the project includes 303 residential condominium units and 7 commercial condominium units on a 56,627 net square foot site (including street easement) in the [Q] R5-4D zone with 358 residential parking spaces, 11 commercial parking spaces and 13 additional parking spaces to be provided on an adjacent property by covenant. The project is 33 stories (375 feet in height) and approximately 339,641 square feet in size. Abutting to the north and rear of the subject site is another mixed use development project under the same Onni Group property ownership approved under CPC 2013-4314-TDR-MCUP- ZV-SPR on October 17, 2014. The development is currently under construction. The 50-story, 4
636-foot high project includes approximately 522 dwelling units above 4,500 square feet of commercial / retail uses on the ground floor with 533 parking spaces. Between the subject site and the properties abutting to the north, south and east, the property ownership is highly vested in this neighborhood and will continue to have substantial oversight for the operation of the applicant. Property abutting to the west has also been approved for a project under construction approved per ZA 2013-3224 (ZV)(TDR) (MSC)(SPR). The project includes the demolition of the existing surface public parking lot for the construction, use, and maintenance of a 27-story, approximately 317 feet in height, mixed-use high rise project with 363 residential apartment units and approximately 2,500 square feet of ground floor and mezzanine level retail space, and 7,500 square feet of ground floor restaurant space. The proposed project will include a minimum of 389 parking spaces in accordance with the Los Angeles Municipal Code (LAMC) requirements, within five levels of parking on-site including one level at grade and four levels above grade. The neighborhood is characterized by mixed-use, urban development. The proposed use is consistent with and complimentary to these uses. It will add to the vibrancy of the downtown environment with a high-quality, experienced operator who knows how to be a positive contribution to the urban texture of the city. 3. The project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any applicable specific plan. The Central City Community Plan designates the subject property for High Density Residential land use corresponding to the R5 Zone. Food establishments are permitted uses and the sale and consumption of alcohol is permitted with a conditional use permit. The plan describes South Park as a thriving mixed-use community with a high concentration of housing. As such, proximate retail, restaurant, and other auxiliary services are needed. The restaurant will provide job opportunities and the proposed goods and services will address the daily needs of both residents and workers, enhancing the desirability of the neighborhood as a place to work and live. The proposed project is located in the Central City Community Plan, which is a part of the General Plan. The Los Angeles Central City Community Plan states, "This plan for Los Angeles Central City is a key part of the Los Angeles General Plan, which proposes a series of major Centers having high density residential and commercial uses at locations throughout the City connected by a rapid transit system..." The project site is located within the South Park Planning Area of the Central City Community Plan. The Community Plan states, "This area [South Park] offers an opportunity for a concerned public and private effort to bring about new vitality and 5
amenities in the Central City; a new community with all its associated land uses and variety is planned. South Park should be thought of as a commercial-residential complex... Development for this area should be oriented to people - employees, visitors, shoppers and residents." A goal of the Central City Community Plan is to link South Park to the Financial Core with walkable, mixed-use streets. The subject restaurant with outdoor dining will serve the residents and workers from nearby developments. This will create pedestrian traffic from Downtown and the adjacent developments. With the proposed outdoor seating and microbrewery, the project is designed to create a synergy between the building and the street, allowing for a vital, pedestrian experience along Olive Street. The proposed restaurant and microbrewery will be in harmony with these ideals and various elements and objectives of the General Plan and Central City Community Plan. A few of the goals and objectives of the Plan that the proposed project will advance are discussed below. Goal and Objective 3 - "To organize growth and change, to reinforce viable functions, and to facilitate the renewal or rehabilitation of deteriorated and under-utilized areas." The project will revitalize the underutilized first floor of the existing structure for the South Park area, without removing any existing residential units. Goal and Objective 4- "To create a modern, efficient and balanced urban environment for people, including a full range of around-the-clock activities and uses, such as recreation and housing." The restaurant and microbrewery will serve neighborhood residents and workers. The use will be located on the ground floors and will be facing Olive Street. By being open late into the evening, the use will create around-the clock activities in an area that will tie into the lively, urban environment of the City. The approval of the applicant's request is consistent with the zoning designation of the subject property and is within the bounds of the various elements and objectives of the General Plan. The restaurant and microbrewery will sell alcohol responsibly and adhere to all applicable governmental regulations. The applicant's request is consistent and harmonious with the adjacent and surrounding uses and the proposed restaurant will improve the aesthetics of the streetscape and bring much needed life to the immediate neighborhood. The proposed project will also improve safety in the area by creating a 20- hour operation in the South Park district. The proposed project will clearly enhance, not damage, the character of development in the immediate neighborhood. 6
4. The proposed use will not adversely affect the welfare of the pertinent community. The granting of the request will activate the ground floor, support viability of the building, provide needed services to the region and attract new patrons to the area. The proposed project will contribute to the economic vitality of the site and to the City's tax base. The economic welfare of the community depends on healthy and viable commerce and this restaurant and microbrewery will provide the community with an economically viable and respected commercial establishment as part of its community-serving retail. Furthermore, this establishment will also create service sector employment opportunities in the area by a well-known and respected operator with strict internal operations and training procedures. Employees will benefit from this training and knowledge of best practices in the microbrewery community. Thus, the granting of the request will not adversely affect the economic welfare of the community but will instead stimulate economic activity in the community. 5. The granting of such application will not result in an undue concentration in the area of establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine, giving consideration to applicable State laws and to the California Department of Alcoholic Beverage Control's guidelines for undue concentration; and also giving consideration to the number and proximity of such establishments within a one thousand feet 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. The Central Business District is undergoing redevelopment, creating new places to live, as well as work. The addition of the food establishments at the proposed location will not be materially detrimental to the character of this redevelopment, but will actually serve a benefit to the community. New, quality establishments that are effectively maintained and operated by trained staff will enhance the neighborhood's aesthetics, convenience, livability and security. Additionally, with operating hours from 6:00 am until 2:00 am, a 20-hour operating schedule will help provide a secure environment by providing security and lighting into the nighttime hours. Furthermore, the project will include conditions of approval for the conditional use request to ensure the facilities are run properly and that neighboring residents will be able to report any problems resulting from the development. The use is complementary to the other developments currently constructed and being constructed in the area. The operators will provide high quality food and drink that will contribute to the convenience and welfare of neighborhood residents and employees without having to drive elsewhere, and adds appropriately to the mix of uses in immediate vicinity. 7
The off-site sales are intended to provide this same convenience. Thousands of residential units are either existing or under development in Downtown Los Angeles. The applicant will provide a delivery service to those residential units including alcohol sales. This is a benefit to the City in that alcohol and food consumption are available without leaving the home. In light of these facts, the proposed location is well suited for the restaurant and ancillary brewery, in that it promotes livability and convenience for residents and employees in downtown Los Angeles. The subject restaurant and microbrewery is located in an area which is planned and designed to provide regional retail, entertainment, dining and living experiences for a large population in the downtown Los Angeles area. As this planning concept has been implemented, the area has grown in activity as well as population density. In concert with this growth, the number of licenses has increased. The addition of this license will, when weighed against the added dining capacity to be provided and when compared to the nature and intensity of commercial and residential development in the surrounding area, does not unduly concentrate licenses for the sale of alcoholic beverages. 6. The proposed use will not detrimentally affect nearby residentially zoned communities in the area after giving consideration to the distance of the proposed use from the following: residential buildings, churches, schools, hospitals, public playgrounds, and other similar uses; and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine. The uses within 1,000 feet of the subject site are: HOPES PRE-SCHOOL at 400 W. 9 th Street GRAND HOPE PARK South West corner of Hope St. & 9th St. L A BRANCH FRDERAL RESERVE BANKOF SAN FRANCISCO 950 S Grand Ave. FIDM LIBRARY 919 S Grand Ave. FIDM MUSEUM & GALLERIES 919 S Grand Ave. 2nd Floor FASHION INSTITUTEOF DESIGN & MERCHANDISING 919 S Grand Ave. THE UNIVERSALCHURCH 707 S Broadway While there are residential units within 500 feet of the subject site, said uses are designed to be mixed use residential/entertainment, urban living experiences which will be further enhanced by the proposed use. The restaurant and microbrewery are small in size and scale. Furthermore, there is great risk to the residential community from properties lying vacant for extended periods of time, providing temptation to crime and vagrancy. It is important to understand the convenience to this residential population to have this authentic, responsible, high quality microbrewery and restaurant in their community. It will 8
become a focal point of connection for the community and benefits the neighborhood overall. During high traffic hours, it is especially convenient to be able to walk to the location and walk home, or have deliveries made directly to their doorstop. The sale of alcohol is in conjunction with a quality restaurant and microbrewery with a substantial menu prepared by a highly professional operation. Alcohol sales with appropriate conditions of approval will not substantially impact the welfare of the area. For these reasons, we respectfully request approval of the subject request. MT:m 2/3/16 9
ZIMAS PUBLIC 2014 Digital Color-Ortho 02/05/2016 Address: 830 S OLIVE ST Tract: PORTION OF BLOCK 53 HUBER TRACT Zoning: [Q]R5-4D APN: 5144018026 Block: None General Plan: High Density Residential PIN #: 127-5A209 95 Lot: FR LT 15 City of Los Angeles Department of City Planning Arb: 2 Streets Copyright (c) Thomas Brothers Maps, Inc.
PHOTO EXHIBIT 830 S Olive St APEX LA 5419 Hollywood Boulevard, Suite C747 Los Angeles, CA 90027 www.apex-la.com
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