257 S. Spring CUB for Restaurant/Bar/Lounge Gourmet Shop/Market
Transcription
257 S. Spring CUB for Restaurant/Bar/Lounge Gourmet Shop/Market
Spring & Third, LLC 257 S. Spring Street N Spring & Third, LLC 257 S. Spring Street N Spring & Third, LLC 257 S. Spring Street 1) At Spring Street and Third Street intersection (facing northeast) 2) Along Spring Street (facing northwest) Spring & Third, LLC 257 S. Spring Street 3) Spring Street façade and street-level view (facing northwest) 4) Corner of Spring Street and Third Street (facing north) Spring & Third, LLC 257 S. Spring Street 5) Along Third Street (facing northeast) 6) Looking southeast down Third Street 257 S. Spring Street – Photo Key 6 5 2 3 1 4 N ATTACHMENT A BACKGROUND INFORMATION SPRING & THIRD, LLC – DOWNTOWN LOS ANGELES 257 S. SPRING STREET / 215 W. 3RD STREET LOS ANGELES, CA 90012 PROJECT OVERVIEW/REQUEST The Applicant, Spring & Third, LLC, is seeking a CONDITIONAL USE PERMIT, pursuant to Los Angeles Municipal Code (“LAMC”) Section 12.24W1, for the on-site sale and dispensing of a full line of alcoholic beverages in conjunction with an approximately 7,213square foot restaurant with a bar and lounge, and for the on-site sales and dispensing and off-site sales of a full line of alcoholic beverages in conjunction with an approximately 3,801-square foot gourmet shop/market (collectively referred to as the “proposed Project”), located within the [Q]C4-4D Zone at 257 S. Spring Street and 215 W. Third Street (the “Project Site”). The restaurant will operate daily from 11:00 AM to 2:00 AM, the bar and lounge will operate daily from 4:00 PM to 2:00 AM, and the gourmet shop/market will operate daily from 8:00 AM to 10:00 PM. BACKGROUND Project Site: The Project Site is a level, rectangular-shaped corner lot, consisting of approximately 0.659 acres (approximately 28,715 square-feet), having a frontage of approximately 120 feet on the west side of Spring Street and approximately 239 feet on the north side of Third Street, with a uniform depth of approximately 239 feet. It is legally described as Lot 1 of Tract 60578. As shown in FIGURE 1, below, the Project Site is located within the [Q]C4-4D Zone within the Central City Community Plan area. The [Q] Condition regulates the height of all nongovernmental buildings, restricting them to 150-feet in height or less, and prohibits commercial billboards and signs extending above the roof of any building. As no new construction to extend the height of this Historic building or rooftop signs are proposed, the [Q] Condition does not apply to this project. The Project Site is also located within the Greater Downtown Housing Incentive Area, Community Redevelopment Agency’s City Center Redevelopment Project area, Downtown Adaptive Reuse Incentive Area, the Central City and Downtown Parking Areas, and the Los Angeles State Enterprise Zone. Additionally, 257 S. Spring Street, called the Douglas Building, was declared Historic-Cultural Monument No. 966 by the Los Angeles City Council on September 23, 2009. The Project Site is improved with an approximately 94,276 square-foot, five-story and approximately 81 foot in height building. The building was built in 1898. The first floor contains vacant commercial storefronts, which will contain the proposed restaurant, bar and ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 1 of 7 ATTACHMENT A – Background Information lounge and gourmet shop/market, and the second through fifth floors contain residential condominium units. FIGURE 1 – PROJECT SITE LOCATION MAP Surrounding Properties: The surrounding properties are located within the C2-4D, [Q]C4-4D-CDO, [Q]PF-4D Zones. They are characterized by generally level topography and improved streets and are largely developed with surface parking lots and commercial buildings. The adjoining property to the west of the Project Site are within the [Q]C4-4D-CDO Zone and is developed with a one story commercial building containing retail storefronts and food service uses. A surface parking lot (on the Project Site) exists between the Project Site and the commercial building. The adjoining properties to the north of the Project Site are within the C2-4D and [Q]C4-4D-CDO Zones and are improved with surface parking lots and a five story commercial mixed-use building containing retail storefronts at ground level and converted residential units on the upper floors respectively. The properties to the east of the Project Site are within the [Q]PF-4D Zone and are improved with surface parking lots. Properties diagonally to the southeast, across the intersection of Spring Street and 3rd Street, are within the [Q]PF-4D Zone and are improved with the Ronald Regan State Office Building. The properties to the south, across 3rd Street, on the southwest corner of Spring Street and Third Street, are within the [Q]C2-4D Zone and are improved with a rehabilitated twelve story office building with some ground floor retail and vacant storefronts. To the west of this building is the historic Bradbury Building with offices and ground floor retail. Properties further west are within the C2-4D Zone and are improved with pedestrian-oriented ground floor retail. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 2 of 7 ATTACHMENT A – Background Information PROJECT DESCRIPTION The proposed Project is located on the ground floor of an adaptively re-used five-story commercial building that presently contains 50 residential condominiums in addition to the retail/commercial condominiums. The restaurant has a full kitchen, a substantial 85-seat dining area, a 12-seat bar, and a 12-seat private dining room. The bar and lounge has 39 seats. Serving both the building’s residents as well as the local community, the gourmet shop/market will feature a 15-seat seafood and oyster bar serving wine and other spirits, pastry, cheese, and charcuterie counters, and offer fresh produce, prepared foods and wine and spirits allowing patrons the opportunity to enjoy a faster dining experience or to stock up on provisions for use off-site. The Applicant is seeking a Conditional Use Permit, for the on-site sale and dispensing of a full line of alcoholic beverages in conjunction with an approximately 7,213-square foot restaurant with a bar and lounge, and for the on-site sales and dispensing and off-site sales of a full line of alcoholic beverages in conjunction with an approximately 3,801-square foot gourmet shop/market (total floor area of 11,014 square-feet). As shown on the floor plans submitted with the CUB application, the restaurant, bar and lounge will have seating for 148 patrons and the gourmet shop/market will have seating for 57 patrons, including 24 outdoor seats along the gourmet shop frontage along the Spring Street sidewalk (total of 181 indoor and 24 outdoor seats). The proposed hours of operation for each of the proposed uses will be daily, as follows: • 11:00 AM to 2:00 AM for the restaurant; • 4:00 PM to 2:00 AM for the bar and lounge; and, • 8:00 AM to 10:00 PM for the gourmet shop/market. On-site sales and dispensing of alcoholic beverages will also occur during these operating hours (i.e., from 8:00 AM to 2:00 AM, daily). Off-site sales of alcohol will also occur in conjunction with the gourmet shop/market between the hours of 8:00 AM to 10:00 PM daily. As shown in FIGURE 2, below, the Project Site is located within an area saturated with transit, including the Metro Red, Purple, and Silver Lines and soon, Metro’s Regional Connector, multiple Express, Rapid and Local Metro bus lines, as well as Santa Monica, Gardena, Torrance, and other regional services. Approximately 1,370 feet southwest of the Project Site, on Hill Street, is the MTA’s Pershing Square Red Line Station and the Civic Center Station is approximately 1,500 feet northeast. The Project Site will also be approximately 900 feet from the forthcoming Regional Connector station at Broadway and Second Street. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 3 of 7 ATTACHMENT A – Background Information FIGURE 2 – Transit STREETS AND CIRCULATION Spring Street – The adopted Central City Community Plan designates Spring Street, north of Second Street, as a Class II Major Highway, and south of Second Street, as a Secondary Highway. Spring Street is a one-way street, with traffic running southbound, adjacent to the Project Site. City Engineer maps indicate it is dedicated to a width of 80 feet adjacent to the Project Site. It is improved with curb, gutter and sidewalk. Third Street – The adopted Central City Community Plan designates 3rd Street as a Secondary Highway. City Engineer maps indicate it is dedicated to a width of 60 feet adjacent to the Project Site. 3rd Street is a one-way street, with traffic running westbound, adjacent to the Project Site. It is improved with curb, gutter and sidewalk. PREVIOUS CASES, AFFIDAVITS, PERMITS, ETC. The City’s Zoning and Map Information System (“ZIMAS”) lists the following applicable zoning-related actions for the Project Site and the Surrounding Properties: Project Site: CPC 2010-213(CA) - On July 14, 2010, the Los Angeles City Council adopted a code amendment to modify the authority and procedures for effectuating a transfer of Floor Area ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 4 of 7 ATTACHMENT A – Background Information Rights and to make other technical changes as a result of expiring amended CBD project area. CHC 2010-1551(MA) – In 2010, the Los Angeles City Director of Planning executed a Mills Act Historical Property Contract for the Douglas Building (i.e., the Project Site). CHC 2009-1373(HCM) – On September 23, 2009, the Los Angeles City Council adopted the Cultural Heritage Commission’s recommendation that the Douglas Building be declared a Historic-Cultural Monument. CPC 2008-4502(GPA) - On January 29, 2009, the City Planning Commission approved a Central City Plan amendment for Urban Design Standards and Guidelines and modified streets and code clarifications. CPC 2005-361(CA) - On August 7, 2007, the Los Angeles City Council adopted Ordinance No. 179,076, known as the Downtown Housing Ordinance. ZA 2007-0790(CUB) - On May 17, 2007, the Zoning Administrator approved a conditional use for the sale of a full line of alcoholic beverages in conjunction with the operation of a restaurant on the Project Site. Building Permit No. 07016-10000-03414 - On February 23, 2007, a Building Permit was filed for a change of use from retail to restaurant. Building Permit No. 03016-10000-0871 1 - On August 29, 2005, the Department of Building and Safety finaled a permit for the conversion of floors two through five to apartments per the adaptive reuse guidelines. CPC 2005-1124(CA) – On June 7, 2005, the City Planning Commission approved requiring projects in the Central City Community Plan area to comply with Design and Streetscape guidelines. CPC 2005-1122(CA) - On June 7, 2005, the City Planning Commission approved incentives for the production of Affordable and Workforce Housing in the Central City Plan area. TT-60578 - On April 8, 2004, the Deputy Advisory Agency approved the conversion of an adaptively-reused building to condominiums. ZA 1991-838(CUB) - On April 8, 1992, the Zoning Administrator denied a conditional use for the sale of alcoholic beverages including beer and wine for on-site consumption. Ordinance No. 164307-SA545 - On December 20, 1988 the Los Angeles City Council approved Ordinance No. 164307, which became effective January 30, 1989, to amend portions of the Central City map by changing zones and zone boundaries. ZA 1987-856(CUZ) - On November 6, 1987, the Zoning Administrator approved a conditional use permit to allow light manufacturing in the (Q)C4-4Zone. CPC 1986-0606(GPC) – On November 5, 1987, the City Planning Commission approved General Plan/Zone Consistency in the Central City area and Communitywide zone changes and Community Plan changes to bring the zoning into consistency with the Community Plan, including changes of height as needed. ZA 1987-0746(CUB) – On September 18, 1987, the Zoning Administrator approved a conditional use for the off-site sale and dispensing of beer and wine for off-site consumption in conjunction with a proposed deli. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 5 of 7 ATTACHMENT A – Background Information Ordinance No. 161603 - On August 13, 1986 the Los Angeles City Council approved Ordinance No. 161603, which became effective August 19, 1986, to amend portions of the Central City map by changing zones, zone boundaries, and height limits. CPC 1985-0342(ZC) - On June 17, 1986, the Los Angeles City Council approved a zone change from M2, C5, and CM to (Q)C4-2 and (Q)C4-4. Surrounding Properties: ZA 2013-1097(MCUP) – On August 1, 2013, the Zoning Administrator held a public hearing regarding a Master Conditional Use Permit for the sale of alcohol for 23 establishments in total at Grand Central Market, with six Master Plan Approvals for six restaurants presently, and for 15 restaurants and two bars in the future, located at 317 South Broadway. ZA 1989-0507(CUB)(PA1) – On June 28, 2013, the Zoning Administrator approved a permit for the sale and dispensing of alcoholic beverages for on-site consumption and live entertainment in conjunction with an existing restaurant, two cocktail lounges and a bar in a renovated 116-room hotel structure, with said hotel providing alcoholic beverage service to individual rooms, located at 200 S. Hill Street. ZA 2012-0152(CUE) – On August 2, 2012, the Zoning Administrator approved with conditions a permit to allow the on-site sale of beer and wine in conjunction with an existing restaurant with outdoor patio, located at 333 South Spring Street. ZA 2012-0914(CUB) – On July 27, 2012, the Zoning Administrator approved with conditions a permit to allow the on-site sale of beer and wine in conjunction with an existing restaurant, located at 108 West 2nd Street. ZA 2011-0446(CUB) – On May 27, 2011, the Zoning Administrator approved with conditions a permit to allow the sale of a full line of alcohol in conjunction with an existing restaurant, located at 400 South Main Street. ZA 2011-2748(PAB) – On April 16, 2011, the Zoning Administrator approved a permit to allow the sale of a full line of alcohol in conjunction with a restaurant / event center, located at 124 West 4th Street. ZA 2008-3405(CUB)(CUX) – On May 28, 2009, the Zoning Administrator approved a permit for the on-site sale of a full line of alcoholic beverages and to allow public patron dancing (The Edison), at 108 West 2nd Street. The determination was appealed and at the meeting on August 11, 2009, the Central Area Planning Commission granted the appeal in part, sustained the Zoning Administrator's decision, and modified several conditions of approval. ZA 2008-4437(CUB) – On October 15, 2009, the Zoning Administrator approved a permit to allow the sale of a full line of alcohol in conjunction with a restaurant, located at 412 South Main Street. ZA 2007-3464(CUB) – On December 24, 2007, the Zoning Administrator approved a permit authorizing the on-site sale and dispensing of beer and wine at 251 South Main Street. ZA 2007-0771(CUB)(CUX) – On July 13, 2007, the Zoning Administrator approved a permit to allow the sale and dispensing of a full line of alcoholic beverages for on-site consumption within a.) a 9,652 square-foot restaurant with live entertainment and public patron dancing, and b.) a 35,216 square-foot event space with live entertainment and public patron dancing, and c.) a 2,614 square-foot café/gallery with live entertainment (no public patron dancing), located at 110-124 East 2nd Street and 220-226 South Main Street. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 6 of 7 ATTACHMENT A – Background Information ZA 1986-1260(CUX)(PA1) – On May 10, 2007, the Zoning Administrator granted a permit to add an outdoor patio to the serving area of an existing cocktail lounge and bar with a dance floor located at 336 South Hill Street. ZA 2005-8006(CUB) – On June 13, 2006, the Zoning Administrator approved the on-site sale of a full line of alcoholic beverages in conjunction with a restaurant at 307 South Broadway. ZA 2005-6322(CUB) – On May 12, 2006, the Zoning Administrator approved a permit authorizing the on-site sale and dispensing of beer and wine in conjunction with an existing restaurant on the ground floor (Pit Fire Pizza Company) at 108 West 2nd Street. ZA 2005-5977(CUB)(CUX) – On April 20, 2006, the Zoning Administrator approved a permit authorizing the on-site and off-site sale of beer and wine, and to permit the on-site sale of a full-line of alcohol and dancing at 401 South Main Street. ZA 2003-5768(CUB) – On November 19, 2003, the Zoning Administrator denied the sale of beer and wine for off-site consumption in a retail area associated with a proposed restaurant, and approved the sale of a full line of alcoholic beverages for on site-consumption in a restaurant at 112 West 2nd Street. ZA 2003-1946(CUB) – On July 30, 2003, the Zoning Administrator approved the off-site sale of a beer and wine in connection with an existing market at 409 South Main Street. ZA 1987-1497(CUX) – On March 21, 1987, the Zoning Administrator denied a request to permit usage of the premises as a dance hall at 245 South Main Street. ZA 1986-0342(CUX) – On August 27, 1986, the Zoning Administrator approved with conditions a permit for dancing and the continued operation of a cocktail lounge and bar within an existing six-story hotel at 107 West 4th Street. ZA 1986-1260(CUX) – On February 13, 1986, the Zoning Administrator granted a permit for the continued operation of an existing cocktail lounge and bar located at 336 South Hill Street. GENERAL PLAN The Project Site is located within the adopted Central City Community Plan area of the City of Los Angeles and is designated for Regional Center Commercial Land Uses. It is also located within the Greater Downtown Housing Incentive Area, Community Redevelopment Agency of Los Angeles’ City Center Redevelopment Project area, Downtown Adaptive Reuse Incentive Area, the Central City and Downtown Parking Areas, and the Los Angeles State Enterprise Zone. ### ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 7 of 7 ATTACHMENT B CONDITIONAL USE PERMIT – ALCOHOL (CUB) ADDITIONAL INFORMATION/FINDINGS SPRING & THIRD, LLC – DOWNTOWN LOS ANGELES 257 S. SPRING STREET / 215 W. 3RD STREET LOS ANGELES, CA 90012 PROJECT OVERVIEW/REQUEST The Applicant, Spring & Third, LLC, is seeking a CONDITIONAL USE PERMIT, pursuant to Los Angeles Municipal Code (“LAMC”) Section 12.24W1, for the on-site sale and dispensing of a full line of alcoholic beverages in conjunction with an approximately 7,213square foot restaurant with a bar and lounge, and for the on-site sales and dispensing and off-site sales of a full line of alcoholic beverages in conjunction with an approximately 3,801-square foot gourmet shop/market (collectively referred to as the “proposed Project”), located within the [Q]C4-4D Zone at 257 S. Spring Street and 215 W. Third Street (the “Project Site”). The restaurant will operate daily from 11:00 AM to 2:00 AM, the bar and lounge will operate daily from 4:00 PM to 2:00 AM, and the gourmet shop/market will operate daily from 8:00 AM to 10:00 PM. ADDITIONAL INFORMATION/FINDINGS The following information has been developed pursuant to the City of Los Angeles’ Special Instructions for Alcohol (CUB) & Adult Entertainment Establishments (CUX) – LAMC 12.24W1 & 12.24W18 (CP-7773 04/24/12). A. GENERAL CONDITIONAL USE i. That 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 Project Site is comprised of a relatively level, rectangular-shaped corner lot, consisting of approximately 0.659 acres (approximately 28,715 square-feet), located on the southwest corner of Spring Street and Third Street. It is improved with a five-story, approximately feet in height, commercial building constructed in 1898 for lumber-mogul Thomas Douglas Stimson by James and Merritt Reid, who also designed the Hotel del Coronado in San Francisco. The subject building was restored in 2005 to provide 50 residential live/work lofts with approximately 16,900-square feel of ground-floor retail space. On September 23, 2009, the Los Angeles City Council declared the Douglas Building Historic-Cultural Monument (HCM) No. 966. The Project Site is located on the southwest corner of Spring Street and Third Street within Downtown’s Historic Core District (the “District”) community of Downtown Los Angeles. This District continues to transition from commercial uses to a mixture of ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 1 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings commercial and residential. A nearby concentration of residential lofts and joint live/work units has significantly increased the residential population in the District in the last decade without a corresponding increase in various neighborhood amenities to serve them, including markets and high quality restaurants. The proposed Project is located on the ground floor of an adaptively re-used fivestory commercial building that presently contains 50 residential condominiums in addition to the retail/commercial condominiums. The restaurant has a full kitchen, a substantial 85-seat dining area, a 12-seat bar, and a 12-seat private dining room. The bar and lounge has 39 seats. Serving both the building’s residents as well as the local community, the gourmet shop/market will feature a 15-seat seafood and oyster bar serving wine and other spirits, pastry, cheese, and charcuterie counters, and offer fresh produce, prepared foods and wine and spirits allowing patrons the opportunity to enjoy a faster dining experience or to stock up on provisions for use off-site. The Applicant is seeking a Conditional Use Permit, for the on-site sale and dispensing of a full line of alcoholic beverages in conjunction with an approximately 7,213-square foot restaurant with a bar and lounge, and for the on-site sales and dispensing and off-site sales of a full line of alcoholic beverages in conjunction with an approximately 3,801square foot gourmet shop/market (total floor area of 11,014 square-feet). As shown on the floor plans submitted with the CUB application, the restaurant, bar and lounge will have seating for 148 patrons and the gourmet shop/market will have seating for 57 patrons, including 24 outdoor seats along the gourmet shop frontage along the Spring Street sidewalk (a total of 181 indoor and 24 outdoor seats). The proposed hours of operation for each of the proposed uses will be daily, as follows: • 11:00 AM to 2:00 AM for the restaurant; • 4:00 PM to 2:00 AM for the bar and lounge; and, • 8:00 AM to 10:00 PM for the gourmet shop/market. On-site sales and dispensing of alcoholic beverages will also occur during these operating hours (i.e., from 8:00 AM to 2:00 AM, daily). Off-site sales of alcohol will also occur in conjunction with the gourmet shop/market between the hours of 8:00 AM to 10:00 PM daily. Specific to the subject request, adjacent properties to the north and east are comprised of surface parking lots. A thirteen-story commercial/office building is located directly south of the Project Site and includes vacant, non-activated ground floor storefronts. The thirteen-story Ronald Regan State office building is to the southeast, cattycorner from the Project Site, which also has a non-activated ground floor. The various adjacent developments to the Project Site, and the gaps that they create within the pedestrian experience, contribute to a disjointed streetscape that sees little pedestrian traffic after dark. Adding retail services and amenities on the ground floor will support the surrounding residential community and larger District by creating an active streetscape and providing necessary services to the immediate residents, local workers and visitors to the area. The proposed restaurant, bar and lounge, and gourmet shop/market will ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 2 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings enhance the pedestrian environment and serve as an important link connecting the employment oriented Civic Center district of Downtown with the more residential portions of Spring St between 4th Street and 9th Street. Furthermore, the proposed project will expand the mix of neighborhood-serving services and retail uses in the area and will contribute to solidifying the economic viability of this transitional neighborhood. ii. That the project's location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety. The Project Site is located on the ground floor of the five-story Douglas Building; the buildings second through fifth floors contain residential condominium units. The proposed project would occupy vacant storefronts, formerly containing a restaurant, bar, and coffeehouse, and enliven them with a restaurant, gourmet shop/market, and bar and lounge that offer, respectively, alcohol sales incidental to a restaurant use, off-site sales and on-site beer and wine sales and dispensing in connection with a gourmet shop and seafood and wine bar, and a bar and lounge serving a full-line of alcohol. The subject request does not include exterior alteration or new construction, except tenant improvements, thus the character of the Douglas Building will be maintained. As described above, the proposed Project is located within the Douglas Building, which is an approximately 94,276 square-foot, five-story building built in 1898 and declared a Historic-Cultural Monument (No. 966) by the Los Angeles City Council in September of 2009. The Douglas Building was renovated and restored in 2005, to provide residential units within the District. A portion of the ground floor along both Spring and 3rd Streets provided for the 11,014-square foot space that will be occupied by the proposed Project. A restaurant, bar, and various retail establishments have operated within the ground floor of the Douglas Building over many decades. The restaurant contains 109 interior seats, including 12 seats at a related bar, the bar and lounge contains 39 interior seats, and the gourmet shop contains 33 interior seats and has sidewalk seating along Spring Street, which accommodates 24 seats (a total of 181 indoor and 24 outdoor seats). As noted in A.i., above, the proposed hours of operation for each of the proposed uses will be daily, as follows: • 11:00 AM to 2:00 AM for the restaurant; • 4:00 PM to 2:00 AM for the bar and lounge; and, • 8:00 AM to 10:00 PM for the gourmet shop/market. On-site sales and dispensing of alcoholic beverages will also occur during these operating hours (i.e., from 8:00 AM to 2:00 AM, daily). Off-site sales of alcohol will also occur in conjunction with the gourmet shop/market between the hours of 8:00 AM to 10:00 PM daily. The requested grant, by definition, is subject to conditions imposed by the Zoning Administrator specifically crafted to mitigate any potential negative effects of the use. Additionally, the Applicant has submitted suggested conditions of operation (Attachment C) that will ensure that the operations of the restaurant will function with due regard to the surrounding neighborhood. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 3 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings The proposed project is in proper relation to adjacent uses and neighboring commercial and residential development. The Historic Core continues to evolve into a vibrant neighborhood with residential serving businesses like coffee shops and independent markets. In addition to these uses, the growing residential population has effectuated a need for additional high-quality restaurants and bars. The proposed restaurant, bar and lounge, and gourmet shop/market uses serve the local community and attracts others to this unique District of Downtown Los Angeles. iii. That the project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any applicable specific plan. The Project Site is located within a commercially zoned area that has been undergoing a transformation from primarily commercial and office uses to a mix of commercial and residential uses. A number of the commercial buildings in the surrounding area have been converted to mixed-use and residential uses, including residential lofts and joint live/work spaces. The Project Site is adjacent to commercial and office uses, as well as residential lofts, live/work and commercial/retail uses. The Project Site is currently improved with a five-story building that was constructed in approximately 1898 for lumber-mogul Thomas Douglas Stimson by James and Merritt Reid, who also designed the Hotel del Coronado in San Francisco. In 2005, the building was renovated and restored to provide 50 residential units and approximately 16,900square feet of retail space, a portion of which will be occupied by the proposed Project. The proposed Project is located on the ground floor of a residential building and provides a neighborhood-serving amenity for both building residents and surrounding residential uses. It also serves those who work locally, as well as those visiting the Civic Center and Downtown’s Historic Core. Further, the Project Site is located within the adopted Central City Community Plan area, and is designated for Regional Center Commercial land uses corresponding to the CR, C1.5, C2, C4, C5, R3, R4, R5, RAS3, and RAS4 Zones. Pursuant to LAMC Section 12.24W1, the Zoning Administrator is authorized to grant the requested use, subject to operational conditions, within the Project Site’s [Q]C4-4D Zone. The General Plan promotes the provision of services throughout the City in locations that are convenient to the public, but that do not negatively impact neighboring properties. The intent of the adopted Central City Community Plan (the “Community Plan”) on page II-2, is “to promote an arrangement of land uses, streets, and services which will encourage and contribute to health, safety, welfare and convenience of the people who live and work in the community. The Plans are also intended to guide development in order to create a healthful and pleasant environment. The Plans are intended to coordinate development among the various parts of the City of Los Angeles and adjacent municipalities in a fashion both beneficial and desirable to the residents of the community.” Further, Objective 2-4 of the Community Plan’s Commercial Land Use Policies and Programs is “[t]o encourage a mix of uses which create an active, 24-hour downtown environment for current residents and which would also foster increased tourism.” The ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 4 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings subject request in association with the proposed Project represents an opportunity to increase viable commercial development in the local community that provides a desirable amenity to local stakeholders. The proposed restaurant, bar and lounge, and gourmet shop/market uses support the needs of local residents, and is compatible with the Historic Core District and substantial adaptive reuse and residential loft space typical of this neighborhood. As demonstrated by the references listed above, the proposed project is in harmony with the various elements and objectives of the General Plan. B. ADDITIONAL FINDINGS i. That the proposed use will not adversely affect the welfare of the pertinent community. The approval of the requested Conditional Use Permit to allow the off-site sale and on-site sale and dispensing of a full line of alcohol in conjunction with a restaurant, bar and lounge, and gourmet shop/market will benefit the economic welfare of the community inasmuch as it will be an integral part of the Historic Core District and will cater to those individuals who live and work in Downtown Los Angeles. The proposed Project will feature high-quality food in a convivial environment and is a reflection of the demand by the community for greater options for dining in the immediate area. The Project Site is located within the [Q]C4-4D Zone and in a traditionally commercial area that is becoming populated with a mixture of uses. Mixed-use neighborhoods in transition benefit from having restaurants and other amenities open at night as well as during the day. The proposed Project will contribute to the variety of uses in the immediate vicinity, will enhance the pedestrian environment and will serve as an important link connecting the employment oriented Civic Center district of Downtown with the more residential portions of Spring St between 4th Street and 9th Street. Furthermore, the proposed project will expand the mix of neighborhood-serving services and retail uses in the area and will contribute to solidifying the economic viability of this transitional neighborhood. The instant request does not represent the introduction of a new use or, indeed, a new operator to the area. The proposed Project will serve a public convenience and will maintain strict policies regarding the sale and dispensing of alcohol and, as sited is compatible with the character of surrounding uses. The proposed uses, as conditioned, will safeguard public welfare and enhance public convenience. ii. Explain how the approval of the application will not result in or contribute to an undue concentration of such establishments. The Project Site is located within Census Tract 2073.01. The California Department of Alcoholic Beverage Control (“ABC”) indicates, on its License Query System (http://www.abc.ca.gov/datport/AHCountyCT.asp), that there is an overconcentration of on-site and off-site sale licenses in Census Tract 2073.01, with 38 existing on-site and 9 existing off-site licenses in the census tract, where four on-site licenses and two off-site license are authorized. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 5 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings Generally, overconcentration is considered undue when the addition of a license will have adverse impacts to the surrounding neighborhood. The Project Site is located within the Historic Core community of Downtown Los Angeles. As discussed above, this District is undergoing a transition from commercial uses to a mix of commercial and residential. Restaurant uses and neighborhood-serving amenities such as bars and gourmet shops/markets are essential for the economic viability of this transitional neighborhood. In such an instance, overconcentration would not be viewed as undue. Further and most importantly, restaurant, bar, and retail service uses have been operating on the Project Site for decades. The operation of the restaurant and bar and lounge is a continuation of the use in these spaces and will not add to the number of establishments providing on-site sale of alcoholic beverages in the Census Tract. Further, although the census tract is numerically over-concentrated, the proposed Project will not adversely affect community welfare because the proposed restaurant, bar and lounge, and gourmet shop/market are desirable uses in an area designated for such. As a result, the grant of the subject request will not result in an undue concentration of such establishments in the Census Tract. Table 1, below, provides the name, address and types of alcoholic beverage licenses that are active or pending on and/or within 1,000 feet of the Project Site. TABLE 1 – ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE LICENSES WITHIN 1,000 FEET OF SUBJECT PROPERTY Name of Establishment Subject Property: Spring & Third, LLC Address 257 S Spring Street Establishments Within 600 Feet of Subject Property: Five Stars Bar 267 S. Main Street Costena Bar 271 S. Main Street The New Jalisco Bar 245 S. Main Street Viviana 210 S. Main Street Downtown Independent Theater 251 S. Main Street Badmaash 108 W. Second Street, #104 Pitfire Pizza 108 W. Second Street Liliya China Bistro 108 / 112 W. Second Street Edison Bar 108 W. Second Street, #101 Redwood Bar & Grill 316 W. Second Street El Paraiso Restaurant 113 / 115 E. Third Street Joe’s Steak and Leaf 333 S Spring Street Casa India 348 S Broadway Food Court 327 / 329 S Broadway China Cafe 317 C-14 S Broadway Grand Central Liquor 317 S Broadway A-1 Kawada Hotel 200 S Hill Street La Cita 336 S Hill Street Downtown Score / Bar 107 107 W Fourth Street Establishments Within 600 to 1,000 Feet of Subject Property: Omni Los Angeles Hotel 251 S. Olive Street Lichas Restaurant 422 S Broadway Kitchen Table 410 - 414 S Main Street ROSENHEIM & ASSOCIATES, INC. Type Full Line (On-Site and OffSite Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Full Line (On-Site Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Full Line (On-Site Sales) Full Line (On-Site Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Beer / Wine (On-Site Sales) Beer/Wine (On-Site Sales) Full Line (Off-Site Sales) Full Line (On-Site Sales) Full Line (On-Site Sales) Full Line (On-Site Sales) Full Line (On-Site Sales) Beer/Wine (On-Site Sales) Full Line (On-Site Sales) Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 6 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings Name of Establishment Old Bank District General Market and Deli Baco Merkat Rocket Pizza Lounge Bar Ama Pete’s Café and Bar Lexington Theater Address Type 409 S Main Street Beer/Wine (Off-Site Sales) 408 S Main Street 122 W. Fourth Street 118 W. Fourth Street 400 S Main Street 129 E. Third Street Full Line (On-Site Sales) Beer/Wine (On-Site Sales) Full Line (On-Site Sales) Full Line (On-Site Sales) Beer/Wine (On-Site Sales) While the number of existing on-site sales licenses exceeds the number typically desired, the general character of the surrounding regional commercial center neighborhood appears to be sufficient to continue to support this similar establishment. Further, the Applicant has submitted proposed operational conditions (Attachment C) that will continue to ensure that the operations of the restaurant will function with due regard to the surrounding neighborhood and not be materially detrimental to the character of development in the immediate neighborhood. As described throughout this application, the on-site and off-site sale of alcohol is proposed in conjunction with a restaurant, bar and lounge, and gourmet shop/market. The Applicant seeks to offer beer, wine, and other alcoholic beverages to their customers while they enjoy a gourmet dining experience and the entire ambiance of the establishment. Further, the gourmet shop/market adds an amenity to the community by offering fresh produce, prepared foods, pastry, cheese, and charcuterie service-counters, in addition to wine and spirits, allowing the Douglas Building’s residents and other patrons access to provisions for use off-site. iii. Explain how the approval of the application will not detrimentally affect nearby residential zones or uses. The subject request will not detrimentally affect nearby residential zones or uses. The Project Site is located within the [Q]C4-4D Zone and, is surrounded by properties with the same general zoning classification. The property to the west of the Project Site, separated by a surface parking lot, is developed with a one story commercial building housing retail storefronts and food service uses. Properties directly to the north and east are improved with surface parking lots, the Ronald Regan State Office Building is to the southeast with another office building to the south across 3rd Street, with ground floor retail and vacant storefronts. The Project Site is located on the northwest corner of Spring and 3rd Streets. As noted above, this block, located in the Historic Core District of Downtown Los Angles, is comprised of commercial buildings that house offices and converted residential units with ground floor retail. This District is undergoing a transition from commercial uses to a mixture of commercial and residential. The ground level retail creates an active streetscape and provides services and amenities to support local residents as well as attract local workers and visitors to the area. The maintenance of restaurants in this District is a benefit to the residential uses in the immediate vicinity and will ensure the economic viability of the neighborhood. The following sensitive uses are located within 600 feet of the Project Site: ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 7 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings • 50 residential units within the Douglas Building 257 S. Spring Street • Guadalupe Wedding Chapel 237 S. Broadway • Cathedral de Los Angeles 251 S. Broadway The previous grant approval at this location permitted the on-site sale and dispensing of a full line of alcoholic beverages in conjunction with a restaurant / bar and lounge (ZA Case No. 2007-0790(CUB)(PA1)). The previous restaurant operated for four years on that approval at the Project Site without recorded incidents. Additionally, the Applicant presently operates an established and well-regarded restaurant in the Downtown Arts District known as Church and State at 1850 E Industrial Street (ZA Case No. 20064741(CUB)(PA1)), which has operated for the past six years without incident. QUESTIONS REGARDING THE PHYSICAL DEVELOPMENT OF THE SITE The following information has been developed pursuant to the City of Los Angeles’ Special Instructions for Conditional Use Permits - Alcohol (CUB) & Adult Entertainment Establishments (CUX) [CP-7773 04/24/12]: a. What is the total square footage of the building or center the establishment is located in? Approximately 94,276 square feet on 5 levels b. What is the total square footage of the space the establishment will occupy?_ The total floor area of the proposed Project will be approximately 11,014 square feet and will be completed in two phases: Phase 1 (Restaurant/Bar and Lounge) - approximately 7,213 sq ft interior; Phase 2 (Gourmet Shop/Market) - approximately 3,801 square feet interior with an outdoor dining area. c. What is the total occupancy load of the space as determined by the Fire Department? As Yet to Be Determined by LAFD. By Plan: Phase 1 - 256 persons; Phase 2 – 107 persons (Total for both Phases – 363 Occupants). d. What is the total number of seats that will be provided indoors? 181 seats (109 restaurant seats, 39 bar seats, 33 gourmet shop seats) Outdoors? 24 seats (Phase 2) e. If there is an outdoor area, will there be an option to consume alcohol outdoors? Yes, in Phase 2 f. If there is an outdoor area, is it on private property or the public right-of-way, or both? Both i. If an outdoor area is on the public right-of-way, has a revocable permit been obtained? Not yet; a Revocable Permit will be obtained in Phase 2 g. Are you adding floor area? No If yes, how much is enclosed? N/A Outdoors? N/A h. Parking i. How many parking spaces are available on the site? There are 61 total parking spaces available on-site. ii. Are they shared or designated for the subject use? 40 parking spaces in the basement of the building are designated for residential use and 21 parking spaces located in the ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 8 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings surface lot are designated for the retail portion of the building (16,900 sq ft of retail equally shared). iii. If you are adding floor area, what is the parking requirement as determined by the Department of Building & Safety? N/A iv. Have any arrangements been made to provide parking off-site? No 1. If yes, is the parking secured via a private lease or a covenant/affidavit approved by the Department of Building & Safety? N/A Note: Required parking must be secured via a covenant pursuant to LAMC 12.26E5. A private lease is only permitted by a Zone Variance. 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 the use it is to serve. N/A 3. Will valet service be available? Yes Will the service be for a charge? Yes i. Is the site within 1,000 feet of any schools (public, private or nursery schools), churches or parks? Yes j. For massage parlors and sexual encounter establishments, is the site within 1,000 feet of any other Adult Entertainment Businesses as defined by LAMC 12.70B17? N/A QUESTIONS REGARDING THE OPERATION OF THE ESTABLISHMENT a. What are the proposed hours of operation and which days of the week will the establishment be open? M Tu W Th F Sa Su Proposed Hours of Operation 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM Proposed Hours of Alcohol Sale 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM 8:00 AM to 2:00 AM The restaurant portion of the proposed Project will operate daily from 11:00 AM – 2:00 AM, the gourmet shop/market portion of the proposed Project will operate daily from 8:00 AM – 10:00 PM, and the bar and lounge portion of the proposed Project will operate daily from 4:00 PM – 2:00 AM daily. b. Will there be entertainment such as a piano bar, dancing, live entertainment, movies, karaoke, video game machines, etc...? Live Acoustic Music Please specify: Live acoustic music, but no dancing, in the bar and lounge. Note: An establishment that allows for dancing needs a Conditional Use Permit pursuant to LAMC Section 12.24W18. c. Will there be minimum age requirements for entry? Yes, for the bar and lounge portion of the proposed Project If yes, what is the minimum age requirement and how will it be enforced? 21 plus; Staff will check identification at the door to the bar and lounge. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 9 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings d. Will there be any accessory retail uses on the site? Yes, in the gourmet shop/market. What will be sold? The gourmet shop will feature a seafood and oyster bar, pastry, cheese, and charcuterie counters, fresh produce, prepared foods and beverages, wine and spirits for sale. e. Security i. How many employees will you have on the site at any given time? Up to 50 employees ii. Will security guards be provided on-site? No, security is already available on-site 1. If yes, how many and when? The building lobby is staffed by security 24-hours per day, and there is a parking attendant in the parking lot during standard business hours. iii. Has LAPD issued any citations or violations? No If yes, please provide copies. f. Alcohol i. Will there be beer & wine only, or a full-line of alcoholic beverages available? A fullline of alcoholic beverages will be offered. ii. Will “fortified” wine (greater than 16% alcohol) be sold? Yes iii. Will alcohol be consumed on any adjacent property under the control of the applicant? No iv. Will there be signs visible from the exterior that advertise the availability of alcohol? No v. Food 1. Will there be a kitchen on the site? Yes 2. Will alcohol be sold without a food order? Yes 3. Will the sale of alcohol exceed the sale of food items on a quarterly basis? No 4. Provide a copy of the menu if food is to be served. Menu is currently being developed and is not available at this time. vi. On-Site 1. Will a bar or cocktail lounge be maintained incidental to a restaurant? Yes a. If yes, the floor plans must show the details of the cocktail lounge and the separation between the dining and lounge facilities. 2. Will off-site sales of alcohol be provided accessory to on-site sales (“Take Out”)? Yes, in the gourmet shop. a. If yes, a request for off-site sales of alcohol is required as well. 3. Will discounted alcoholic drinks (“Happy Hour”) be offered at any time? No. vii. Off-Site 1. Will cups, glasses or other containers be sold which might be used for the consumption of alcohol on the premises? No. ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 10 of 11 ATTACHMENT C – Conditional Use Requests Additional Information/Findings 2. Will beer or wine coolers be sold in single cans, or will wine be sold in containers less than 1 liter (750 ml)? Yes, however, single sales will be priced at a minimum of $4.00 per unit. viii. Contact the CA Department of Alcoholic Beverage Control (ABC) regarding its requirements -- http://www.abc.ca.gov/. CALDERA BILL (CA Business and Professions Code Section 23958 and 23958.4) a. Is this application a request for on-site or off-site sales of alcoholic beverages? On-Site and Off-Site. i. If yes, is the establishment a bona-fide eating place (restaurant) or hotel/motel? The establishment is a bona-fide eating place (i.e., restaurant). 1. If no, contact the CA Department of Alcoholic Beverage Control (ABC) to determine whether the proposed site is located in an area whereby: a. Issuance of a license to serve alcohol on-site or off-site would tend to create a law enforcement problem, or b. If issuance would result in, or add to an undue concentration of licenses. 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. ### ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 11 of 11 ATTACHMENT C CONDITIONAL USE PERMIT – ALCOHOL (CUB) PROPOSED OPERATIONAL CONDITIONS SPRING & THIRD, LLC – DOWNTOWN LOS ANGELES 257 S. SPRING STREET / 215 W. 3RD STREET LOS ANGELES, CA 90012 PROJECT OVERVIEW/REQUEST The Applicant, Spring & Third, LLC, is seeking a CONDITIONAL USE PERMIT, pursuant to Los Angeles Municipal Code (“LAMC”) Section 12.24W1, for the on-site sale and dispensing of a full line of alcoholic beverages in conjunction with an approximately 7,213square foot restaurant with a bar and lounge, and for the on-site sales and dispensing and off-site sales of a full line of alcoholic beverages in conjunction with an approximately 3,801-square foot gourmet shop/market (collectively referred to as the “proposed Project”), located within the [Q]C4-4D Zone at 257 S. Spring Street and 215 W. Third Street (the “Project Site”). The restaurant will operate daily from 11:00 AM to 2:00 AM, the bar and lounge will operate daily from 4:00 PM to 2:00 AM, and the gourmet shop/market will operate daily from 8:00 AM to 10:00 PM. PROPOSED OPERATIONAL CONDITIONS The Applicant proposes the following operational conditions in association with their Conditional Use Permit request: 1. Hours of operation shall be: o Restaurant - 11:00 AM to 2:00 AM, daily; o Bar and Lounge - 4:00 PM to 2:00 AM, daily; and, o Gourmet Shop/Market - 8:00 AM to 10:00 PM, daily. 2. Off-site sales of alcohol will occur in conjunction with the gourmet shop from 8:00 AM to 10:00 PM, daily. 3. Alcohol will be sold without the sale of food. Food service shall be available in the Restaurant at all times the Restaurant is open for business. 4. The subject establishment will maintain the Project Site and the area immediately adjacent, including the adjacent surface parking lot (on the Project Site), free of litter. 5. The subject establishment will maintain electronic surveillance of all interior parts of the restaurant, bar and lounge, and gourmet shop/market available to the public ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 1 of 2 ATTACHMENT E – Proposed Operational Conditions and all common areas of the Project Site (on the ground floor level). Video data shall be maintained for a minimum of 14 days. 6. The subject establishments will require that all managers and all employees who serve alcoholic beverages attend a training program certified by the Department of Alcoholic Beverage Control for the responsible service of alcohol. This training shall be scheduled for new employees within 30 days of the opening of the establishment or within 30 days after the start of employment, whichever applies. A record of the completion of this training program shall be maintained on the premises and available to the Office of Zoning Administration upon request. 7. There will be no Adult Entertainment of any type as referenced in LAMC Section 12.70. 8. There will be no dancing on the premises at any time. 9. No pool tables or coin operated electronic, video, or mechanical amusement devices shall be maintained on the premises. 10. Any music, sound, or noise emanating from the subject establishment will comply with applicable LAMC noise regulations. 11. There shall be no payphone inside or adjacent to the proposed premises. 12. This grant shall have a life of ten years; said time period to begin on the effective date of this action. Gourmet Shop / Market 13. No single beer in cans/bottles less than $4 shall be sold. Bar and Lounge 14. No "Happy Hour" or reduced priced alcoholic beverage promotions shall be allowed. 15. The sale of distilled spirits by the bottle for same day or future consumption is prohibited. ### ROSENHEIM & ASSOCIATES, INC. Spring & Third, LLC 257 S. Spring Street / 215 W. 3rd Street Page 2 of 2