ZA-2015-807 DLANC PLUC 8.18.15
Transcription
ZA-2015-807 DLANC PLUC 8.18.15
Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS ATTACHMENT A MASTER CONDITIONAL USE PERMIT (CUB) ON- & OFF-SITE SALES Entitlement Request & Project Description Site Address: 924, 936, 942, 948, 954, 958, 960, 962 Olive Street, and 321 West Olympic Boulevard Applicant: Olive Street Development Holdings, LLC The Applicant, Olive Street Development Holdings, LLC, requests the following discretionary action: Pursuant to LAMC Section 12.24 W.1, the Applicant requests a Master Conditional Use Permit (“CUB”) for the sales and/or dispensing of alcoholic beverages for four (4) on-site and off-site full line permits, with the option for these full line permits to instead be for beer/wine only, within the commercial space (14,500 square feet) and the outdoor dining areas (3,220 square feet) of the approved mixed use project. Pursuant to various sections of Los Angeles Municipal Code, the Applicant will also request approvals and permits from the Building and Safety Department (and other municipal agencies) for project construction activities including, but not limited to the following: building and tenant improvements, and revocable permit for outdoor dining to encroach into the public right-of-way on Olive Street and Olympic Boulevard, respectively. ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 1 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS PROJECT DESCRIPTION The Project site, located at 924, 936, 942, 948, 954, 958, 960, 962 Olive Street, and 321 West Olympic Boulevard has been approved for development of a 289,714 square foot, 7-story mixed-use project consisting of 263 dwelling units, and 14,500 square feet of commercial space pursuant a Site Plan Review approval per Case No. DIR-2013-3137SPR, in 2014 (the “Approved Project”). The Approved Project which is under construction will provide the code required parking including a minimum of 12 parking spaces for the commercial use and a minimum of 238 parking spaces for the residential use (for a total of a minimum of 250 parking spaces for the development). Parking for the Approved Project, including the commercial and retail uses as well as the residential units will be accessed from Olive Street and the alley named Midway Place on the east side of the Project. The specific details of each alcohol sales establishment will be reviewed pursuant to a Master Plan Approval. This will allow for a comprehensive review of each request with input from each prospective tenant. Security plans, floor plans, seating limitations and other recommended conditions, as well as the mode and character of the operation, will be addressed and assured through the imposition of site-specific conditions. The Approved Project has been designed to be compatible in scale and character with properties in the vicinity. The ground floor commercial use along the Olive Street and Olympic Boulevard street frontages will contribute to the pedestrian oriented ambiance of the area and will be neighborhood serving. With up to 14,500 square feet of floor area, the restaurant and retail uses will occupy the majority of the commercial street frontage. The commercial portion of the Approved Project was designed with the purpose of stimulating sidewalk activity, thus encouraging local residents to walk to the provided dining and retail options. Although, the commercial uses will be neighborhood serving and promote pedestrian activity, code required parking is provided within the site and out of view from the street. The Applicant is in the process of identifying tenants that wish to sell alcoholic beverages for both on-site and off-site sales that were not known at the time the Site Plan Review was approved. The Applicant proposes a Master CUB for on-site and offsite consumption. This Master Conditional Use Permit for Alcohol application in being filed by the developer of the Project site – on behalf of future sub-lessees who may want to serve for on-site and/or off-site consumption either a full line of alcohol or beer and wine in connection with the operation of individual restaurant or specialty markets or similar type retail establishments. PROPOSED MASTER CONDITIONAL USE REQUESTS: (i) Four (4) On-Site and Off-Site Full Line permits within the commercial space of the project (14,500 SF) and the outdoor dining areas (3,220 SF), with option for these full line permits to instead be Beer/Wine permits. PROJECT SITE The Approved Project is currently under construction, and is located on a rectangularshaped site, consisting of approximately 52,320 square feet of net lot area (1.20 acres) on residentially zoned land (R5 Zone) situated along the commercial corridor of Olympic Boulevard in the South Park community of downtown Los Angeles. Construction has ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 2 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS commenced for a new 7-story mixed-use project consisting of a total of 263 residential units and 14,500 square feet of commercial floor area. The development will replace an existing surface parking lot with commercial and residential uses totaling 289,714 square feet of floor area. The Approved Project site is adjacent to two streets that serve local traffic. With its frontage oriented to the commercial corridor of Olympic Boulevard, the site focuses its vehicular access off of Olive Street and Midway Place. Olympic Boulevard is designated as a Modified 2-Way Major Highway Class II Roadway and Olive Street is designated as a Secondary Roadway. Located within the Central City Community Plan area of the City of Los Angeles, the Approved Project site is designated High Density Residential by the Community Plan and is located in the City Center Redevelopment Project area. The Approved Project Site is zoned [Q]R5-4D, with Height District No. 4 permitting a floor area ratio of up to 13 to 1. However, the “D” Development Limitation limits the floor area to a maximum of 6 to 1 FAR. The [Q] Condition further restricts the floor area and permitted uses on the Approved Project Site, allowing commercial uses provided the floor area for commercial uses does not exceed a 2 to 1 FAR. Pursuant to Case No. DIR-2013-3137-SPR, the zoning and uses of the Approved Project were found to be consistent with the General Plan and the City Center Redevelopment Project Area. The Approved Project is also very close to many bus and rail transit lines, MTA rail lines and DASH service. MTA Rapid Bus Line 728 runs along Olympic Boulevard, with northbound service on Spring Street with stops at the Civic Center and Union Station, which connects to the MTA Red, Gold and Purple Rail Lines. MTA Bus Line 28 runs to the west along Olympic Boulevard and to the north along Hill Street. MTA Bus Lines 37, 71, 78, 96, 70, 76, 79, and 378 run north and south along Grand Avenue. DASH Route D provides service to the South Park area, with service along Hill Street from the south to Olympic Boulevard, and then continuing northbound along Main Street to City Hall. The 7th Street/Metro Center rail station is located on West 7th Street, with entrances (closest to the Project site) at 7th Street and Hope Street. The Project Site is also located one block north from the route of the proposed Downtown L.A. Streetcar, which proposes to run on Broadway, 11th Street, Figueroa Street, 7th Street or 9th Street, and Hill Street for four miles in length, servicing Downtown’s neighborhoods including South Park, the Financial District, Fashion District, Historic Core, Civic Center and Broadway. The many transit options allow for visitors to the Approved Project without having to drive to or from the Approved Project. SURROUNDING USES EAST: Seven-story mixed use project under construction. WEST: Five-story historical building converted to apartment lofts known as the Reserve. ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 3 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS NORTH: Single-story commercial shops, offices and 12 story office commercial building. SOUTH: Single-story commercial space now vacant. ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 4 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS MASTER CONDITIONAL USE PERMIT (CUB) CONDITIONAL USE FINDINGS FOR ALCOHOL PURSUANT TO LAMC SECTION 12.24 W.1 A. GENERAL CONDITIONAL USE APPROVAL FOR ALCOHOL SALES PURSUANT TO LOS ANGELES MUNICIPAL CODE SECTION 12.24 W.1. 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 Approved Project will enhance the built environment in the surrounding neighborhood and will provide a service that is beneficial to the community, city and region. The development, including the commercial space has been approved under Case No. DIR-2013-3137-SPR (“SPR”). In the SPR approval, the Director of Planning determined that the Project is compatible with existing and future development on neighboring properties. The Applicant has secured building permits and is under construction on the Approved Project. The Applicant is securing commercial tenants, some of which would likely serve alcoholic beverages for off-site or on-site consumption or both, for either a full line or beer and wine sales. Therefore, the Applicant is applying for a Master CUB to allow for the flexibility to sell alcoholic beverages for both on-site and off-site consumption in connection with the potential uses in the commercial spaces of the Project. Potential tenants could consist of restaurants and urban specialty markets. This objective of the Master on-site and off-site CUB would reduce the need for future piecemeal requests in a mixed-use development and provide a comprehensive approval process with subsequent plan approvals that set specific conditions for each use. The objective of the Approved Project is to create an inviting, pedestrian-friendly development, consistent with the goals of the Community Plan and Redevelopment Plan. Activities such as dining with the availability of alcoholic beverages, is an essential part of a quality sit-down restaurant experience. The success of restaurants often depends upon their ability to provide this service to their patrons. In addition, boutique wine/microbrew sales and other distilled spirits for off-site consumption compliment the on-site sales and provide a convenience to customers of the eating establishments and other commercial outlets specializing in off-site sales of alcoholic beverages. As the growing residential population of South Park expands, so does the need for certain goods and services. Providing full line of alcoholic beverages for both on-site and off-site consumption allows the neighborhood residents to obtain such beverages to take home for personal consumption and avoid driving to specialty liquor stores or other more distant locations. Such activities are a natural and vital extension of restaurant uses and sales through neighborhood bars and specialty markets as a function of a pedestrian-friendly commercial environment. The overall vitality of the South Park corridor as contemplated by the applicable Central City Community Plan depends on the success of neighborhood serving retail and restaurants, those establishments that ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 5 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS will be included in the Approved Project. Therefore, the Master on-site and off-site CUB will enhance the built environment in the surrounding neighborhood by being a complementary service to the commercial floor area of the Approved Project. Securing a Master CUB for on-site and off-site sales in the Approved Project site is an appropriate way to help further the goals of development in the area. This request is associated with the upgrading of an existing commercial corridor, which seeks to provide more dining and retail choices for employees, visitors and for an emerging local residential base. The Approved Project is located within a regional center in proximity to a variety of other office and commercial uses. Additionally, the request for this Master on-site and off-site sales CUB amenity is consistent with the effort to create a variety of visitor experiences, which will further revitalize the area and encourage the “Bringing Back Broadway” initiatives effort in the area. Furthermore, the Approved Project goals will provide improved access to quality food, beverages and provide neighborhood-serving retail. The future restaurant and commercial tenants will also help boost Los Angeles’ economy by creating jobs and contributing sales and business tax revenues. Therefore, the proposed Master onsite and off-site CUB will provide an additional service that is beneficial to the community. For the reasons stated above, the proposed Master on-site and off-site CUB will provide a convenience factor that is beneficial to the Approved Project and to the local community. 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 Approved Project site is located along Olympic Boulevard, a designated “Major Class II Highway” in the Central City Community Plan Area of Los Angeles. The ground level commercial and restaurant uses will not only complement the surrounding community, but enhance it as well. The surrounding commercial uses on Olympic Boulevard include various retail/commercial and entertainment uses in addition to surface parking lots. Additionally, residential uses proximate to the Project site are located along Olympic Boulevard to the west such as: 1) the Olympic Lofts on Olive Street, 2) the Packard Lofts on Hope Street, 3) the Renaissance Apartments on S. Grand Avenue, and 4) the Blackstone Apartments along South Broadway to the east. Pursuant to Case No. DIR-2013-3137-SPR, the Director of Planning determined that the proposed development was in proper relation to adjacent uses and the development of the community. Therefore, the Project’s location, size, height, operations and other significant features would be compatible with and would not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety. Approval of the Master CUB for on-site and off-site sales will also be consistent with this finding for the following reasons: 1. The proposed CUB for on-site and off-site consumption will be conducted solely within the Approved Project’s commercial floor area. ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 6 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS 2. The development’s attractive relationship to adjacent uses. design contributes significantly to its 3. The Project’s design compliments the pedestrian oriented aspects encouraged for the commercial corridor. Outdoor dining will also attract visitors that are passing on the public streets. 4. Successful restaurants help to encourage economic development, which is consistent with the goals of the City Center Redevelopment Project Area. 5. The mixed-use residential/retail components of the Approved Project are in proper relationship and consistent with the existing development and zoning pattern because it provides residential, restaurants and retail uses along the Olympic Boulevard and Olive Street corridors. 6. The proposed commercial uses are likely to create synergy with nearby uses. It is anticipated that many residents of the Project will take advantage of dining and shopping opportunities in their building, but will also be true for nearby residents. Similarly those that work in the area, as well as the anticipated tourists and visitors brought to the area by the proposed L.A. Streetcar, and numerous other transit options as noted above may also take advantage of the proximity of new dining and shopping options. 7. Other commercial uses such as urban specialty markets will provide a service to the residents and local neighborhood. Additionally, the sale of alcohol on-site for restaurants along Olympic Boulevard has become necessary in order to compete with other restaurants for patrons who prefer an alcoholic beverage with their meal. The sale of alcohol contributes to the overall financial success of restaurants and markets. Successful restaurants in the area are increasingly contributing to the overall success of the South Park commercial corridor, which also positively impacts the property values of residential properties. The Applicant is requesting a Master on-site and off-site CUB in order to sell a full line of alcoholic beverages and/or beer and wine for on-site and off-site consumption in the commercial space and outdoor dining areas to those patrons visiting the Approved Project. A Master on-site and off-site CUB provides a more comprehensive approach to the sales of alcoholic beverages in multiple locations by identifying the uses and spaces where such on-site and off-site sales will take place and establishing uniform conditions of approval that are satisfied through the Plan Approval process once tenant selection is complete. More importantly, each of the on-site and off-site sales locations in the Approved Project will be required to apply for a Plan Approval with the Los Angeles Department of City Planning. Appropriate findings/justifications, conditions and measures will be applied to the individual locations through the required Plan Approval process to further ensure that the character of development in the immediate neighborhood is not negatively impacted. Lastly, to guarantee that there will not be any deleterious impact to the immediate neighborhood, the City of Los Angeles and the ABC independently retain the authority to revoke permits and/or licenses which allow the sale of alcoholic beverages at the Approved Project site should there be circumstances that rise to ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 7 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS the level of non-compliance of the approval conditions of the CUB, state ABC laws and local LAMC standards. 3. THE PROJECT SUBSTANTIALLY CONFORMS WITH THE PURPOSE, INTENT AND PROVISIONS OF THE GENERAL PLAN, THE APPLICABLE COMMUNITY PLAN, AND ANY APPLICABLE SPECIFIC PLAN. There are no specific plans that would affect development of the requested on-site and off-site sales Master CUB. The current SPR approval found the Project to be consistent with many of the goals and policies of the General Plan. The requested Master on-site and off-site CUB would be consistent as well because the on-site and off-site sales of alcohol would coincide with the approval of commercial space within the Approved Project as a minor addition to the Approved Project. The following discussion relates the Project’s consistency with various elements of the General Plan, including the Central City Community Plan, the Housing Element and the Transportation Element and the City Center Redevelopment Plan. Central City Community Plan The following Central City Community Plan residential land use objectives were found to be consistent with the Approved Development: Objective 1-1: To promote development of residential units in South Park. Policy 1-1.1: Maintain zoning standards that clearly promote housing and limit ancillary commercial to that, which meets the needs of neighborhood residents or is compatible with residential uses. Program: Implement new housing ordinances and policies as appropriate that encourage multiple family residential development and promote transit-oriented, mixed-income and mixed-use neighborhoods downtown, including the proposed Residential/Accessory Services Zone and the ordinances that would eliminate the habitable room requirements for calculating density. Objective 1-2: To increase the range of housing choices available to Downtown employees and residents. The Approved Project was found to meet the above goals and objectives of the Community Plan. With the development of 263 residential units in a high-density area, the Approved Project fulfills the residential land use objective of the Community Plan for the South Park area. The “Land Use Policies and Programs” chapter of the Community Plan notes that Central City is “overwhelmingly a governmental, commercial and manufacturing center.” The Community Plan observes the primarily residentially zoned areas are in South Park, Bunker Hill and Central City East. In its introductory section on “Residential” land use, the Community Plan asserts that the “continued economic and social vitality of Central City depends on the contributions of a stable population and vibrant, cohesive neighborhoods. Therefore, a primary objective of the Central City Plan is to facilitate the expansion of housing choices in order to attract new and economically and ethnically diverse households.” The Master on-site and off-site CUB will promote the economic and social vitality of the area by providing an additional amenity for the restaurant and commercial space that will be accessory to the Approved Project. ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 8 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS Approval of the requested Master on-site and off-site CUB for the neighborhoodserving uses such as restaurants, and urban specialty markets in the building will promote the attractiveness and long-term viability of the mixed-use Project as a whole, and contribute, in turn, to the long-term success of the downtown core’s revitalization efforts. The on-site and off-site sales will in no way be inconsistent with the Community Plan goals. Such request will contribute to the Approved Project’s overall vitality and the economy of the neighborhood. The Community Plan designates much of the South Park area as High Density Residential with corresponding residential zoning due to its proximity to jobs and housing. Thus, the Project site is ideally located on its border within the jobs and transit rich Financial Core portion of the Community Plan. The Community Plan’s Policy in support of this objective seeks to “maintain zoning standards that clearly promote housing and limit ancillary commercial to that which meets the needs of neighborhood residents or is compatible with residential uses.” The Approved Project is located in the Greater Downtown Housing Incentive Area, which has been adopted by City ordinance into the Zoning Code to produce more housing downtown. In addition to adding 263 residential units to the neighborhood, the Project emphasis is ground floor restaurants and retail uses that serve the local community as well as on-site residents. The Approved Project is not necessarily a destination location that would attract visitors from all over the city but is geared to the local neighborhood and community. If approved, the Master on-site and off-site CUB would be consistent with that premise, and would not change the emphasis and goals of the Approved Project for which the sales of alcohol is a secondary and complementary use. Transportation Element The objectives outlined in the Land Use-Transportation Policy within the Transportation Element are as follows: 1. 2. 3. 4. To focus future growth of the City around transit stations, Increase land use intensity in transit station areas, Reduce reliance on the automobile, and Create a pedestrian friendly oriented environment. The Project is part of an emerging pedestrian-oriented district encouraging the use of mass transit. The Project is located in close proximity to the MTA Blue Line Station at 12th and Flower Streets, the Red Line Station at 7th and Figueroa Streets as well as the DASH and other MTA bus lines. The Approved Project supports a pedestrian-oriented environment by locating additional neighborhood-serving restaurants and commercial uses Downtown, which is one of the most walkable areas of the City. The Approved Project encourages pedestrian activity with wider sidewalks along Olive Street and Olympic Boulevard. Thus as previously noted, the request for on-site and off-site sales of alcoholic beverages in conjunction with the commercial tenants will serve to bolster the vitality of this pedestrian environment by strengthening the viability of the retail and restaurant tenants and orienting these uses towards the sidewalk to activate the street. The provision of neighborhood serving venues are a natural and critical extension of the use and function of a pedestrian-friendly, mixed-use environment, and are a ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 9 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS fundamental contribution to the overall vitality of Downtown Los Angeles. The more vibrant, inviting, and varied the dining opportunities are in the area, the greater improvement and lasting transformation of the area. Quality sit-down restaurants depend on the ability to provide sales of alcoholic beverage service to their patrons. Additionally, the Approved Project may include a specialty retail, grocery and/or wine store that may offer tastings as singular events, as well as instructional tasting conducted by knowledgeable vendors, in addition to sales of such items as boutique wines, microbrews and a full line of alcoholic beverages for consumption in their personal homes. Such uses have become a natural and vital extension of the use and function of commercial centers, and are essential to the Approved Project’s contribution to the overall vitality of the surrounding community. As identified above, the Approved Project is consistent with the General Plan. The requested Master CUB would be a compliment to that approval but at the same time, a small part of the overall commercial sales. Redevelopment Plan The following City Center Redevelopment Plan Section 105 - Project Objectives are consistent with the proposed project: Objective 6: 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, sports, entertainment and housing. Objective 9: To achieve excellence in design, based on how the Central City is to be used by people, giving emphasis to parks, green spaces, streetscapes, street trees, and places designed for walking and sitting, and to develop an open space infrastructure that will aid in the creation of a cohesive social fabric. The Approved Project creates a modern, efficient and balanced urban environment for people by providing an amenity in an area that is proximate to many of the City’s business, recreation, sports and entertainment venues. Residents of the Project will have easy access to the neighboring Los Angeles Sports and Entertainment District as well as to the Music Center, Disney Hall, the Arts District, Historic Core and Broadway and other cultural venues located in the Downtown area. The Applicant will be utilizing the Downtown Street Standards created by the Urban Design Studio to enhance the urban appeal and walkability of the Project. Large sidewalks will create the ability to provide street trees with large canopies, while the façade of the building will be articulated along all street frontages. The restaurant uses have the added benefit of attracting more pedestrian activity, which will help to activate the streets in the surrounding area. This Approved Project will contribute to the ongoing effort to revitalize and improve the economic vitality of the area. Approval of the requested Master on-site and off-site CUB will provide added amenities to the Approved Project for the benefit of those who visit Downtown, work and/or live nearby that utilize the Project’s commercial venues and would not be contrary to the Redevelopment Plan goals for revitalizing this area of the City. B. ADDITIONAL FINDINGS 1. The proposed use will not adversely affect the welfare of the pertinent community. ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 10 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS Approval of a Master on-site and off-site CUB for the Approved Project will not adversely affect the welfare of the community. The restaurants serving alcoholic beverages for off-site consumption as well as potential other alcohol sales areas will be carefully controlled. As new tenants are identified for the commercial spaces requiring an alcohol sales permit, will be required to apply for a Plan Approval, which will be carefully reviewed by the Department of City Planning (“DCP”) and the California Department of Alcoholic Beverage Control (“ABC”). Security plans, floor plans, seating limitations and other recommended conditions, as well as the mode and character of the operation, will be considered, addressed and enforced through the imposition of specific conditions set forth in the Plan Approvals for each tenant space serving alcoholic beverages. This will allow for further evaluation and continuous monitoring, ensuring that the individual sales outlets will not adversely affect the welfare of the community. The Approved Project is located within a highly urbanized setting situated in the northeast section of the South Park area of Downtown Los Angeles. The area surrounding the Approved Project site is a mix of office buildings, retail, restaurants, bars other entertainment uses and residential uses. The request for on-site and offsite alcohol sales will be compatible with the surrounding uses is an amenity that accompanies restaurants as well as urban specialty markets allowing the showcasing of boutique wines and microbrews and other spirits for take home consumption. Approval of the Master on-site and off-site CUB will contribute to the success and vitality of the neighborhood and help make the Approved Project a unique place to visit, shop and dine in high quality restaurants and retail outlets. In the Approved Project SPR Determination, it was determined to be ideally located on multiple transit routes such as the proposed Downtown L.A. Streetcar, which will connect to downtown neighborhoods and activity centers while tying together the regional transit network and aiding revitalization efforts in the urban core. Additionally, the Project will also positively benefit the City through generation of additional sales tax revenue, business licenses and other fees, and by providing additional short-term and long-term employment opportunities to area residents. The close proximity to transit and easy walking distance to employment centers, and other residential development in the local neighborhood allows for alternatives to driving for those consuming alcoholic beverages. 2. Explain how the approval of the application will not result in or contribute to an undue concentration of such establishments. The Approved Project site is situated in an area primarily developed with office, entertainment, commercial, retail and residential uses, with a large working population and expanding residential population, both of which demand shopping and dining services. As a result, there is a high concentration of alcohol uses in the immediate area (as measured by census tract data). However, it is not uncommon to have clusters of this nature in urbanized and pedestrian-oriented sections of the City. According to the local ABC office, in Census Tract No. 2079.00, within which the Approved Project is located, the maximum number of off-site licenses permitted is 3, with 7 existing. Thus, the proposed on-site and off-site licenses could result in a continued undue concentration of alcohol establishments in the area. However, considering the restaurant-rich nature of the Downtown Area, and burgeoning need ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 11 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS for amenities such as urban specialty markets, the off-site thresholds are unrealistically low. The off-site sales will be an amenity to commercial uses by providing sales of for consumption at visitor’s private homes. Furthermore, offering a full line of alcoholic beverages for off-site consumption offers a further convenience to the local neighborhood residents. Although there are 7 off-site licenses in the census tract, there are only two of these licenses that are package stores. The other 5 off-site licenses sell alcohol in conjunction with other products such as food, groceries, gas, sundries and cosmetics. In addition, the Project is located in an area of the City that is growing with new residential mixed use and adaptive reuse projects that would potentially affect the local population by increasing the number of residents. The ABC calculates concentration based on the number of residents in a given census tract. The Applicant has recently obtained approval of this Project and two other similar mixed use projects in the area that collectively result in over 900 units being added to the same census tract. Given this increase in residential properties and other residential projects in the vicinity, the population base is increasing rapidly thereby resulting in a lower concentration than the currently available figures would suggest. It is important to note that the vast majority of activities on the Approved Project site will not involve the sale of alcoholic beverages. Since the sales of alcohol uses will be part of a carefully controlled, mixed-use residential building, and the off-site sales of alcoholic beverages will be incidental to the primary residential use of the Approved Project. In addition, the proposed Master CUB for on-site and off-site sales will potentially consist of restaurants with indoor and outdoor dining, urban specialty market(s) and other similar uses for on-site and off-site sales of a full line of alcoholic beverages and beer and wine sales in the Approved Project’s commercial space. Finally, to ensure the on-site and off-site sales will not create detrimental impacts on the surrounding area, the specific detail of each establishment will be reviewed and conditioned pursuant to a Plan Approval process. It is to be noted that on-site and off-site sales will take place at establishments within the commercial space of the Approved Project. This will allow for a comprehensive review of each request with input from each prospective tenant. Security plans, floor plans, seating limitations and other recommended conditions, as well as the mode and character of the operation, will be addressed and assured through the imposition of site-specific conditions. This extra protection will ensure that no adverse impacts will result due to off-site alcohol sales and on-site consumption. According to statistics provided by the Los Angeles Police Department (“LAPD”), within Crime Reporting District No. 182, which has jurisdiction over the Project area, a total of 361 crimes were reported in 2013, compared to the citywide average of 235 crimes per district and the high crime reporting district average of 282 crimes for the same period. Therefore, LAPD considers the area to be a high crime reporting district which would trigger a CALDERA finding to the level of crime (pursuant to CA Business and Professions Code Sec. 23958 and 23958.4). Although the Census Tract is considered to be over-concentrated and a high crime reporting district based on the available data, the Applicant is proposing a comprehensive mixed use development that will not allow the sales of alcoholic beverages to be the predominant use of the Project and such sales will be a ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 12 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS complement and convenience to the other uses in the neighborhood that are shifting with more upscale mixed uses, and commercial development coming into the area. 3. Explain how the approval of the application will not detrimentally affect nearby residential zones or uses. The proposed Master on-site and off-site CUB will not detrimentally affect nearby residentially zoned properties. There are several residentially zoned communities within a 600-foot radius of the Approved Project site. The nearest multi-family residential uses are within the Approved Project mixed-use development itself. Since the Approved Project is within a residential building and any detrimental impacts that result from alcohol sales at the site directly impact the profitability and operation of the residential component of the building, detrimental impacts on neighboring residential uses will not be tolerated. In addition, the on-site and off-site sales of alcoholic beverages are minor in regard to the overall sales of the retail establishments. All of the commercial tenants will be part of a quality development and all alcohol service and sales will take place within a carefully controlled environment operated by responsible tenants. The Master on-site and off-site CUB would be a minor addition to and convenience for those patrons visiting the restaurants and retail tenants. Therefore, this use will not result in detrimental impacts to nearby residential-zoned properties. There will be no off-site sales in the exterior areas of the facility nor will outdoor advertising soliciting sales of alcoholic beverages be permitted. 4. QUESTIONS REGARDING THE PHYSICAL DEVELOPMENT OF THE SITE A. What is the total square footage of the building or center the establishment is located in? The Approved Project MCUB for on-site sales is located in a 289,714 square foot building on a lot with a net area of approximately 52,320 square feet. The proposed restaurants and retail uses in connection with the Master on-site and off-site CUB will be situated within the interior of the building in connection with the Approved Project’s 14,500 square feet of commercial space. B. What is the square footage of the space the establishment will occupy? The retail and restaurant uses in connection with the Master CUB for on-site and off-site sales of alcoholic beverages will occupy up to 14,500 square feet of commercial space within the Approved Project; however, the total spaces dedicated to include alcohol sales has yet to be determined and will occur once tenants are selected. A separate Plan Approval will be required from the DCP for each future tenant that requires a permit to sell alcoholic beverages pursuant to the LAMC. C. What is the total occupancy load of the space as determined by the Fire Department? Once the commercial spaces have been allocated to tenancy, the occupancy load of all establishments will be determined in accordance with applicable requirements. The off-site sales will not be affected by occupancy load; as such sales would take place within the dedicated commercial spaces. D. What is the total number of seats that will be provided indoors? Outdoors? ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 13 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS Tenants for specific establishments have not yet committed to lease spaces and therefore it is unknown at this time how many indoor and outdoor seats will be provided. E. If there is an outdoor area, is it on private property or the public right-ofway or both? The outdoor area will be on both private property and public right-of-way. F. If an outdoor area is on the public right-of-way, has a revocable permit been obtained? No revocable permit has yet been obtained. G. Are you adding floor area? If yes, how much is enclosed? Outdoors? No H. Parking I. How many parking spaces are available on the site? There are 12 parking spaces have been provided within the Project for the 14,500 square foot commercial/retail space [(1 stall / 1,000 square feet per LAMC Section 12.21 A.4(c)(5) minus a 20% reduction per Bike Ordinance]. Additionally, there are 238 parking spaces included for the Project’s residential component, meaning there are 250 total parking spaces in the Project. II. Are they shared or designated for the subject use? All parking spaces are designated for the Project uses. III. If you are adding floor area, what is the parking requirement as determined by the Department of Building & Safety? No additional floor area is proposed. The parking for the mixed use Project was approved under DIR-2013-3137(SPR). IV. Have any arrangements been made to provide parking off-site? No, all parking is to be provided on-site within the parking garage pursuant to the Approved Project design. The Approved Project is providing parking in accordance with the Los Angeles Municipal Code standards and parking demand is not anticipated to exceed the supply. Street parking is also available. 1. If yes, is the parking secured via a private lease or a covenant/affidavit approved by the Department of Building & Safety? Not applicable. 2. Please provide a map showing the location of the off-site parking and the distance, in feet, for pedestrian travel between the parking area and the use it is to serve. Not applicable. 3. Will valet service be available? Will the service be for a charge? ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 14 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS To be determined – the individual restaurant operators may offer valet service likely for a charge. I. Is the site within 1,000 feet of any schools (public, private or nursery schools), churches or parks? The site is within 1,000 feet of the following schools and park: Fashion Institute of Design & Merchandising School - 909 S. Grand Avenue YWCA Los Angeles Job Corps Center - 1106 S. Broadway Grand Hope Park - 919 S. Grand Avenue Hope Pre-School – 400 W. 9th Street SIA Tech Los Angeles – 221 W. 11th Street Children’s Learning Center – 1031 S. Hope Street 5. QUESTIONS REGARDING THE OPERATION OF THE ESTABLISHMENT a. What are the proposed hours of operation and which days of the week will the establishments be open? What are the proposed hours of alcohol sales? Since individual tenants are being finalized, the hours of operation are not yet known. Until the hours are known and defined as part of the Plan Approval process, however the Applicant is requesting hours from 6 am to 2 am. The ABC limits these hours within which the sale of alcohol is permitted and hours of operation can further be limited within the Plan Approval Process. b. Will there be entertainment such as a piano bar, dancing, live entertainment, movies, karaoke, video game machines, etc.? Please specify. (An establishment that allows for dancing needs a conditional use pursuant to 12.24 W. 18.) No piano bar, dancing or live entertainment, movies, karaoke, video game machines, etc. are currently planned for the commercial tenant spaces at the Approved Project. c. Will there be a minimum age requirement for entry? If yes, what is the minimum age requirement and how will it be enforced? Operations of such establishments will be in accordance with the rules and regulations of the ABC. Operators of establishments that impose age restrictions will be required to verify the age and identity of patrons when necessary. d. Will there be any accessory retail uses on the site? What will be sold? The Approved Project allows for a maximum 14,500 square feet of commercial uses. It is anticipated that there will be a mix of retail uses such as small urban specialty markets, and restaurant uses but the exact balance is subject to change based on final tenant selection. Since the retail tenants have yet to be identified, it is unknown the exact commercial uses that will be offered. e. Security I. How many employees will you have on site at any given time? ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 15 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS Since all restaurants and retail leaseholders have not yet been finalized, the total number of employees is unknown at this time but will provided at the Plan Approval stage. Will security guards be provided on-site? II. No, the Applicant does not currently intend to provide security guards for the facility. If at the time of plan approval it is anticipated that security guards are necessary for a proposed use then the responsibility to provide such security guards shall fall upon that use. 1. If yes, how many and when? Not applicable. Has LAPD issued any citations or violations? III. No. As the Approved Project is under construction, therefore LAPD has not issued any citations or violations related to the service and sales of alcohol for this development. f. Alcohol Will there be beer & wine only, or a full-line of alcoholic beverages? I. The Applicant is requesting a Master on-site and off-site sales CUB for a full line of alcoholic beverages with the option of beer and wine for the commercial space of the Project that could consist of restaurants urban specialty markets, or other commercial uses. Some tenants may choose only to sell beer and wine depending on the ABC type of license. Will “fortified” wine (greater than 16% alcohol) be sold? II. It is possible that a restaurant or market may wish to serve “fortified” wine or Sake, however since specific tenants have not committed to lease space, this information is not yet available. Will alcohol be allowed to be consumed on any adjacent property under the control of the applicant? III. No. IV. Will there be signs visible from the exterior that advertise the availability of alcohol? No. It is anticipated that signage for such establishments will be coordinated and will generally consist of business identification signs which could include language referring to the sale of alcohol (e.g. “Bar and Grill”, “Lounge”, “Wine Shop”). Because all specific tenants have not yet finalized lease space, signage requirements have not yet been fully determined. Food V. i. Will there be a kitchen on the site? All restaurant establishments are anticipated to have kitchen facilities. ii. Will alcohol be sold without a food order? It is anticipated that some facilities will offer the sale of alcoholic beverages without a food order such as in an urban specialty market; ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 16 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS however, all restaurant establishments are anticipated to be bone-fide restaurants with kitchen facilities. iii. Will the sale of alcohol exceed the sale of food items on a quarterly basis? It is anticipated that gross sales of food items at such establishments (for both on-site and off-site alcohol sales) will exceed the gross sale of alcohol on a quarterly basis. iv. Provide a copy of the menu if food is to be served. Menus will be provided to the Office of Zoning Administrator prior to obtaining building permits for all food and restaurant establishments. J. On-Site i. Will a bar or cocktail lounge be maintained incidental to a restaurant? It’s possible that a bar or cocktail lounge will be maintained incidental to a restaurant, however since specific tenants have not committed to lease space, this information is not yet available. If yes, the floor plans must show the details of the cocktail lounge and the separation between the dining and lounge facilities. Restaurant tenants will provided floor plans detailing the cocktail lounge and separation between the dining and lounge facilities during their individual Plan Approval process. ii. Will off-site sales of alcohol be provided accessory to on-site sales (“Take-Out”)? Yes, the Applicant requests limited off-site sales in conjunction with onsite sales consumption within the commercial space of the Project. If yes, a request for off-site sales of alcohol is required as well. This application is for on-site and off-site sales. iii. Will discounted alcoholic drinks (“Happy Hour”) be offered at any time? Because specific tenants have not yet finally committed to lease spaces, operations of such facilities cannot yet be determined. 5. CALDERA BILL a. Is this application a request for on-site or off-site sales of alcoholic beverages? A Master on-site and off-site CUB for sales of alcoholic beverages is requested with this application for the commercial spaces on the Project. 1. If yes, is the establishment a bona-fide eating place (restaurant) or hotel/motel? It is anticipated that on-site full line permits will be associated with restaurant type establishments. The on-site and off-site alcohol sales permits may be associated with retail/specialty type grocery stores, ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 17 of 18 Prepared by Craig Lawson & Co., LLC Olive - Hanover MASTER CONDITIONAL USE – ALCOHOL FINDINGS however since specific tenants are unknown at this time, this information will be provided during individual tenant’s Master Plan Approval process. b. If ABC has determined that an eligible use is in an area of high crime or undue concentration of licenses, the City Council will need to make the finding that the issuance of the license is required for public convenience or necessity. According to the State legislation (Caldera Bill, Business and Professions Code § § 23958 and 23958.4), applications filed for new on- or off-site alcoholic beverage sales authorizations require a City Council determination, with the exception of “restaurant or hotel/motel use.” Consequently, since the Project, is considered to be in an over concentrated area and in a high crime reporting district the City Council will need to make the findings that the issuance of the license is required for public convenience or necessity. ______________________________________________________________________________________ 924-962 S. Olive MCUB Page 18 of 18 Prepared by Craig Lawson & Co., LLC SITE PHOTO EXHIBIT Applicant: Olive Street Development Holdings, LLC Site Address: 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. North 10 9 8 Olive St. 5 7 6 Midway Pl. 4 11 3 Hill St. 2 1 12 Olympic Blvd. 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. Olive Street Development Holdings, LLC Page 1 of 7 Prepared by Craig Lawson & Co., LLC February 18, 2015 SITE PHOTO EXHIBIT Applicant: Olive Street Development Holdings, LLC Site Address: 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. 1. View of subject site, northeasterly facing from Olympic Boulevard. 2. View of subject site, northeasterly facing from Olympic Boulevard. 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. Olive Street Development Holdings, LLC Page 2 of 7 Prepared by Craig Lawson & Co., LLC February 18, 2015 SITE PHOTO EXHIBIT Applicant: Olive Street Development Holdings, LLC Site Address: 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. 3. View of subject site, westerly facing from Olympic Boulevard and Olive Street. 4. View of subject site, southeasterly facing from Olive Street. 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. Olive Street Development Holdings, LLC Page 3 of 7 Prepared by Craig Lawson & Co., LLC February 18, 2015 SITE PHOTO EXHIBIT Applicant: Olive Street Development Holdings, LLC Site Address: 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. 5. View of subject site, southeasterly facing from Olive Street. 6. View of subject site, southeasterly facing from Olive Street. 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. Olive Street Development Holdings, LLC Page 4 of 7 Prepared by Craig Lawson & Co., LLC February 18, 2015 SITE PHOTO EXHIBIT Applicant: Olive Street Development Holdings, LLC Site Address: 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. 7. View of neighboring properties, southeasterly facing from Olive Street. 8. View of neighboring properties, southerly facing from Olive Street. 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. Olive Street Development Holdings, LLC Page 5 of 7 Prepared by Craig Lawson & Co., LLC February 18, 2015 SITE PHOTO EXHIBIT Applicant: Olive Street Development Holdings, LLC Site Address: 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. 9. View of neighboring property across 9th Street, easterly facing from Olive Street. 10. View of neighboring property across Olive Street, westerly facing from the intersection of 9th Street and Olive Street. 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. Olive Street Development Holdings, LLC Page 6 of 7 Prepared by Craig Lawson & Co., LLC February 18, 2015 SITE PHOTO EXHIBIT Applicant: Olive Street Development Holdings, LLC Site Address: 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. 11. View of neighboring property across Olympic Boulevard and Olive Street from subject site, westerly facing. 12. View of neighboring property, northeasterly facing from Olympic Boulevard. 924, 936, 942, 948, 954, 958, 960, 962 S. Olive St. & 321 W. Olympic Blvd. Olive Street Development Holdings, LLC Page 7 of 7 Prepared by Craig Lawson & Co., LLC February 18, 2015 SITE INFO ZONE [Q]R5-4D EXISTING USE UNDER CONSTRUCTION FOR MIXED USE DEVELOPMENT PROPOSED PROJECT ALCOHOLIC BEVERAGES FOR ON-SITE AND OFF-SITE CONSUMPTION. CITY COUNCIL DISTRICT CD-14 JOSE HUIZAR DISTRICT MAP ADDRESSES 924, 936, 942, 948, 954, 958, 960 & 962 S. OLIVE ST. LEGAL DESCRIPTION PARCEL # 13 14 15 16 17 18 19 20 ADDRESS* 960 & 962 SOUTH OLIVE ST. 958 SOUTH OLIVE ST. 954 SOUTH OLIVE ST. 948 SOUTH OLIVE ST. 942 SOUTH OLIVE ST. 936 SOUTH OLIVE ST. 924 SOUTH OLIVE ST. None (Subdivision of block 61 Ord's Survey) ZIP APN 90015 90015 90015 90015 90015 90015 90015 90015 5139004023 5139004023 5139004023 5139004023 5139004013 5139004014 5139004015 5139004015 * City of Los Angeles, California RELATED CASE NUMBERS LOT AREA DIR-2013-3137-SPR ENV-2013-3138-MND (before dedication) (after dedication) FLOOR AREA OLYMPIC & 2013-086 February 17, 2015 OLIVE 0’ 20’ 40’ 80’ 120’ 57,186 SF 51,468 SF Residential 275,214 SF Retail 14,500 SF Total 289,714 SF PLOT PLAN OLIVE ST. 322’-1” RETAIL 2,057 SF 8’-0” OUTDOOR DINING 36’-10” OUTDOOR DINING 8’-0” (BUILDING) CLUB / REC / MAIL BIKE STORAGE UNIT A2 RETAIL PARKING OUTDOOR DINING 152’-5” (BUILDING) OLYMPIC BLVD. 12,328 SF 74’-5” RETAIL UNIT A2 83’-1” BIKE STORAGE UNIT A3 8’-0” RAMP RETAIL TRASH TRANSFORMER BIKE STORAGE RETAIL / RESIDENTIAL LOADING BIKE STORAGE ALLEY LEGEND OUTDOOR DINING AREA: 3,220 SF OLYMPIC & 2013-086 February 17, 2015 OLIVE 0’ 15’ 30’ 60’ 90’ GROUND FLOOR PLAN