CPY Document

FORM GEN 160 (Reli6-0) CITY OF LOS ANGELES INTER-DEPARTMENTAL CORRESPONDENCE

April 20, 2007

TO: Honorable City Council City of Los Angeles

FROM; Michael LoGrande ;tl- Acting Chief Zoning Administrator

SUBJECT: PUBLIC CONVENIENCE OR NECESSITY (CALDERA) APPLICATION COUNCIL FILE NO. 07-0829; CD 14,448 SOUTH HILL STREET

On May 24, 2004, the Zoning Administrator held a Public Hearing to review a Conditional Use application (Case No. ZA 2004-1365-CUB-CUX-ZV), pursuant to the provisions of Section 12.24-W,1 of the Los Angeles Municipal Code, to authorize a conditional use to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, in conjunction with the;

a. operation of a new 5,141 square-foot bar / lounge in the basement with 1,571 square feet of support space with a total of 6,712 square feet in the existing office building;

b. to permit the sale and dispensing of a full line of alcoholic beverages for on- site consumption, in conjunction with the operation of a new 3,626 square- foot restaurant with 1,327 square feet of support space for the ground floor for a total of 4,953 square feet and kitchen support space of 2,730 square feet on the mezzanine level of the existing office building, and;

c. to permit the sale and dispensing of a full line of alcoholic beverages for on- site consumption, in conjunction with the operation of a new 4,046 square- foot bar/lounge and 1,848 square feet of support services for a total of 5,894 square feet on the roof of the existing office building. On the 13th floor of the subject 13-story office/commercial building, the applicant proposes to add 1,194 square feet of special events/conference room with 788 square feet of support space for a total of 1,982 square feet.

Thoi II..snpl¡f"sn+ l' \~'sÇ'II.. IIII VV ~ ""..iiivyoff..,., , CiShI I II, ,.f VI I~"C \JIVil Cn+e..""..il"'' LIIl ItJllù'G LV,1\/ LL\J,I I r' ..0 ...... n'nt;.v..l'GtJ1'G;:'G LLO I I;-i.... IUI .t-..lllI; subject restaurant located within the historic Pershing Square Building. The Conditional Use request was approved by the Zoning Administrator on July 9, 2004. The matter was appealable until July 26, 2004, was not appealed, and has since become final. An extension of time was granted by the Chief Zoning Administrator on August 2, 2006. A copy of the determination letter and extension letter on the matter is attached to this communication.

In addition to the above action, on April 15, 2004, the City Planning Department Environmental Staff Advisory Committee (ESAC) issued Mitigated Negative Declaration - 2 -

No. ENV 2004-1366-MND (Article V - City CEQA Guidelines) and determined that by imposing conditions the impacts could be reduced to a level of insignificance.

Project Location/Surroundinq Area

The property is a level, rectangular-shaped, corner record lot, consisting of 0.26 acres, having frontages of 120 feet on the northeast side of Hill Street, and 100 feet on the southeast side of 5th Street. The site is developed with a 13-story office/commercial building. The building features basement and mezzanine floors with no on-site parking.

Adjoining properties northeast of the site are zoned C2-4D and are developed with two, four-story commercial buildings. Southeast of the site are zoned C2-4D and developed with multi-story commercial buildings. Properties southwest across 5th Street and Hill Street are zoned C5-4D and OS-1XL and are developed with multi-story commercial buildings, underground parking and Metro Station. Northwest across Hill Street and 5th Street are zoned OS-1XL and C2-4D and are developed with multi-story commercial buildings and underground parking.

There are no residential uses or other sensitive uses within 600 feet of the site. The project is within an existing commercial/office building in a C2 Zone, the use will not be detrimental in character to other retail and offices in the area.

According to the State's Department of Alcoholic Beverage Control licensing criteria, 4 on-site and 3 off-site licenses are allocated to subject Census Tract No. 2073. There are currently 28 on-site and 11 off-site licenses in this Census Tract. Within 600 feet of the subject property, there are 6 on-site and 1 off-site existing licenses.

Statistics from the Police Department reveal that in the subject Crime Reporting District No 143, which has jurisdiction over the subject property, a total of 133 crimes were reported in 2003, compared to the citywide average of 297 crimes and the high crime reporting district average of 356 crimes for the same period. By comparison, a total of 187 crimes were reported in 2005, compared to the citywide average of 268 crimes and the high crime reporting district average of 322 crimes for the same period. These numbers do not reflect the total number of arrests in the subject reporting district over the accountable year. Arrests for this calendar year may reflect crimes reported in previous years.

Conditional Use Findinqs (Alcoholic Beveraqes)

Following (highlighted) is a delineation of the Conditional Use Findings and the application of the relevant facts to same, as outlined in the Zoning Administrator's determination in Case No. ZA-2006-0829 (CUB)(CUX)(ZV): 1. The proposed location will be desirable to the public convenience or welfare.

The surrounding area in which the restaurant will be located is entirely zoned for commercial uses and is well developed for these purposes. The subject - 3 -

restaurant and the selling or serving of alcoholic beverages will not be detrimental to the character of the immediate area and will have a positive impact on the economic welfare of the community. The proposed venues will serve the needs of local business people, shoppers and residents. The surrounding offices and shops are attracting more persons to the area and consequently generating an expanded local work force, thereby increasing the day and night time population. This population seeks a diversity of services, such as the proposed facility will provide. The proposed restaurant will serve this population and the availability of alcoholic beverages will provide a desired amenity.

2. The location is proper in relation to adjacent uses or the development of the community. The proposed project will be proper in relation to adjacent uses or the development of the community because Downtown Los Angeles is currently becoming a commercial center of ground level shopping, with the upper floors and basements of many buildings vacant. The applicant believes their proposed project at 448 Hill Street can capture the demand for residents, business owners and workers a like to live work and play in Downtown Los Angeles, by providing a restaurant and barf lounge space for residents in the nearby, newly developed downtown lofts and apartments. The applicant seeks to capitalize on a renewed interest in Downtown Los Angeles which is witnessing the conversion of the upper floors of old office buildings to housing and development of vacant land to housing, as well as a new concert hall, a new cathedral, a rebuilt City Hall, new sound stages, and other in-fill projects. All in all, the proposed use at this time is a pioneer and can be a catalyst, if successful, for future scenarios of renaissance in the area. Various efforts by the City to inject nightlife into Downtown have yet to achieve the desired round the clock lifestyle desired by some residents and commercial boosters. 3. The use will not be materially detrimental to the character of the development in the immediate neighborhood.

The proposed project will not be detrimental to the character of development in the immediate neighborhood because with conditions and limitations imposed by the Zoning Administrator if approved, the surrounding properties will be protected from predictable impacts of the proposed use. The use is consistent with the desire to create an entertainment district with the necessary supporting commercia! uses.

4. The proposed location will be in harmony with the various elements and objectives of the General Plan.

The Central City Community Plan Map designates the property for Regional Center Commercial uses with corresponding zones of C2, C4, C5, P, and PB, and Height District No. 4D. The property is not currently within the area of any specific plans or interim control ordinances. - 4 -

This project is in harmony with the goals and the intents of the General Plan Elements adopted for this geographical area in that it will for optimum use of land at this location without detriment to adjacent or nearby properties.

5. Additionally, the Zoning Administrator has determined that: a. The proposed use will not affect the welfare of the pertinent community.

The approval of the Conditional Use at this location will not adversely affect the economic welfare of the community because the proposed establishment will assist in the financial health of the property and improving the economic vitality of the area by contributing to additional tax dollars and new jobs. The proposed restaurant and bar/lounge at this location will re-enforce the character of the area as one of a main commercial center. The proposed operations will serve to strengthen the economic vitality of the area. b. The proposed use will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to the number and proximity of such establishments within a one thousand foot radius of the site, the crime rate in the area, (especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct), and whether the revocation or nuisance use proceedings have been initiated for any use in the area.

The approval of the Conditional Use will not result in or contribute to an undue concentration of such establishments because, despite possible concerns regarding over concentration of on-sale liquor licenses and the crime rate, the subject property is located within an intensive commercial area. The number of allocated licenses is calculated based upon resident population and that the employment/shopping population far exceeds the resident population of the census tract. Similar situation exists in other prominent tourist areas such as Little Tokyo, Hollywood and Century City. The location is proper in relation to adjacent uses and the development of the community. Land use in immediate area is characterized by a "vide variety of commercial uses. c. The proposed use will not detrimentally affect the nearby residentially zoned communities in the area of the City involved giving consideration to the distance of proposed use from residences, churches, school and other public uses, and other establishments sellng and dispensing, for sale or other consideration alcoholic beverage, including beer and wine. - 5 -

The approval of the requested Conditional Use will not detrimentally affect nearby residentially zoned properties because the establishment will provide a convenient location for local residents and others to come for entertainment. As indicated on the radius map, there are no residential uses within 500' radius.

Conditional Use Findinqs (Dancinq) 6. The proposed location will be desirable to the public convenience or welfare.

The location of the project will be desirable to the public convenience and welfare because the dancing will contribute to the on going effort to revitalize the vacant lower levels of buildings in the Downtown Los Angeles area, upgrade the neighborhood and add to the economic vitality of the redevelopment area. The proposed dancing activity will be in a convenient location in the community for entertainment and is one that is desired by those who live in the neighborhood as well as those who work in the surrounding downtown area. An approval of dancing at this location will be an added amenity to those who work and or live nearby.

7. The location is proper in relation to adjacent uses or the development of the community. The proposed project will be proper in relation to adjacent uses or the development of the community because Downtown Los Angeles is currently becoming a commercial center of ground level shopping, with the upper floors and basements of many buildings vacant. The applicant believes their proposed project at 448 Hill Street can capture the demand for residents, Business owners and workers a like to "live work and play in Downtown Los Angeles, by providing dancing for residents in the nearby, newly developed downtown lofts and apartments. The applicant seeks to capitalize on a renewed interest in Downtown Los Angeles which is witnessing the conversion of the upper floors of old office buildings to housing and development of vacant land to housing, as well as a new concert hall, a new cathedral, a rebuilt City Hall, new sound stages, and other in-fill projects. All in all, the proposed use at this time is a pioneer and can be a catalyst, if successful, for future scenarios of renaissance in the area. Various efforts by the City to inject nightlife into Downtown have yet to achieve the desired round the clock lifestyle desired by some residents and commercial boosters. 8. The use wil not be materially detrimental to the character of the development in the immediate neighborhood.

desire to create an entertainment district with the necessary supporting commercial uses. 9. The proposed location will be in harmony with the various elements and objectives of the General Plan.

This project is in harmony with the goals and the intents of the General Plan Elements adopted for this geographical area in that it will allow for optimum use of this commercial site without detriment to adjacent or nearby properties.

Conclusion/Summary In conclusion, the granting of the request will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages in the area. The subject site is located within a relatively low to moderate crime area. However, measures such as participation in the STAR training by employees, the use of surveillance cameras, appropriate lighting, and the presence of on-site security staff will reduce the potential for crime. No revocation or nuisance proceedings were identified within the immediate area in recent years. In addition, specific conditions have been imposed to ensure that the on-site sales of alcohol at this location will not have an adverse affect on the welfare of the surrounding community. These conditions include, for example, a limitation on hours of operation, a requirement for a security presence on the premises (in the form of video cameras, etc.), restrictions on coin-operated games or video machines, interior and exterior lighting, and a grant term limitation of five years.

ML:MAP:lmc /./;¿ ,l ."., v- ! / .' ,/- .-L..,,- L--/', . _\./ .$. .: \.0'.- MEMORANDUM

To: Michael LoGrande, Chief Zoning Administrator Planning Department Room 763, City Hall, MS 395

From: hite, Deputy City Clerk the City Clerk 95, City Hall, MS 160

Subject: Public Convenience or Necessity (Caldera) Application Council Fíle No, 07-0829; CD 14

Date: March 21,2007

The attached materials pertain to an application requesting that the City Council make a finding of "Public Convenience or Necessity" for the sale of alcoholic beverages at the Pershing Square Building located at 448 South Hill Street Inasmuch as Council directed that involved City departments be informed of this process, the attached copy is provided for your review and comment

The Council fie and application referred to above can be reviewed in the Office of the City Clerk, Written comments or reports may be addressed to the City Clerk, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, Attn: John A White, Deputy City Clerk. Please reference the Council file number in your correspondence.

Please be advised that this matter can be scheduled for Council consideration at any time prior to April 30, 2007. Please contact me to confirm the date of the Council hearing. Your report should be submitted ten business days prior to the Council hearing date.

Attachment

070829pl_wpd RECEIVED CITY OF LOS ANGELES

MAR 28 2007

CiTY PLANNING DEPT ZONING ADMINISTRATION' '. page 1 otö

i ) ;..-PL', iT0N FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY" ALCOHOL SALES

Pursuant to Section 23958 and 23858.4 California Business and Professions Code

TO BE SUBMITTED TO CITY CLERK'S OFFICE ROOM 395, CITY HALL

COUNCIL FILE NO. /) '( -- Ó ~ ~ 1 BACKGROUND INFORMATION TIME LIMIT FILE:

As part of the application, the applicant must submit the names and addresses of propert owners of all propert adjacent (including across the street/alley) to the subject propert on gummed labels. Applicant must also submit the following information: 1) notarized signature, 2) a site plan prepared by a map maker (see Planning Department for map makets list), 3) one 4- by 6-inch picture of the propert from each side of the site, and 4) a copy of all previous building permits for the site (Room 400, 201 North Figueroa Street). When you meet with ABC to get the crime and license concentration information for your site, you must bring back the ABC information (on the ABC form) to the City Clerk.

Project Name 7LIi..S" h.,,J1" 'S Qvt'Æ. ß.'J ,Ü., ;'t. Address L\ '- ¿l s . 1-- S-i Type of Business 6t9te / ¿'u"/?.. , Applicant :: M. F" t. l2 PQ.l S c; ¿. L.r . Name :u Lji! ,i .c: . Ll II .. Address 2., "3 Ce ,-"Z z. '7 2."l / 2 , 3 z 3 l. 'l ¿ 'r'1 Cl'~ Phone Number/Fax Number Propert Owner '" ,An; Name

Address

Phone Number/Fax Number Representative Jõ l/ B oiZA/OIJ C r Æ-soc,~) ,I ~I 'lot) (..¡f ~OO'1J- / 310 6 '/'7 7J-?ll (fK)

A. PROJECT DETAILS

THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS:

1. Has the City previously approved a conditional use permit for alcoholic beverage sales at this site? Yes ~No _ If Yes, what is the City case number(s) L-øo" - / 3&, r

2. Have you recently filed for a new conditional use permit? Yes _ No. .. If Yes, provide the City case number(s)

tp l~ '. . Page 3 of6 . , "

. 15. Will there be minimum' ag" . òquirements for patrons? If so, hov...ìllt. oe enforced?

Y P- . /II" lOA HS ihlN.7 F-l ,21 . Vl7~ lÛ, // d.~ A/ha/~htl ,4,,/hc/N¿'C-. Sec.,L,ry .F r,?/¥ (AJ'// ClhCk #/r r"#7"l_/.¿.

16. Are there any other alcoholic beverage outlets wiUiin a 600-foot radius of the site? Provide names and address of such business and type of business. '/~., ;t,m--A-I.L , ,r;1 /S. 6A¿k?,t~ . ..di .r41 .:A..lr6 /f.ø 77-l~/ ,SOl 5. ci -l;"G

17. Are there any schools (public or private and including nursery schools) churches or parks within 1,000 feet of your proposed business? Where? (Give Address) - 'I EK. /'G-~sH/"d¿, .5 ¿;..t?,ø /A~ ~¿) t5/ocK $. ()/Í(/6' 5r

1 B. Will the exterior of the site be fenced and locked when not in use? YE5.

19. Will the exterior of the site be illuminated withsecurily lighting bright eno the street? . 15'77-l ~n/tll7-t ¿, . -l/ ,.

B. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE OFF-SITE SALE OF ALCOHOLIC BEVERAGES IS SOUGHT:

1. Wil the gross sale of alcohol exceed the gross sale of food items on a quarterly basis?

2. Will cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises?

3. Will beer and wine coolers be sold in single cans or will wine be sold in containers less than 1 liter (750 ml)?

4. Wil "fortified wine (greater than 16% alcohoi) be sold?

C. THE FULLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE ON-SITE SALE OF ALCOHOLIC BEVERAGES iS SOUGHT: 1. What¿",L is the Z)~-loccupancy loadAt.t~ as determined ./f?/Z by the 7-IJ Fire Department n . (number of patrons)?

2. What is the proposed seating in all areas? l:flÆ'7?TrI ~9" ~!1~' d, niT;' f/:¿o/)

3. Is there to be entertainment such as a piano bar, juke box, dancing, live entertainment, movies, etc.? (Specify?) y F.. /),ndCIÃ)¿/ L,,/¿ EA/T~mM./lIs.T, ~A. Ei fil.n~, V.X, t?. 4. If a cocktail lounge is to be maintained incidental to a restaurant, the required floor plans must stiw details of the cocktail lounge and the separation between the dining and lounge facilities. ,Aß. Page 0 010 \ . , ) . 2. Possible Detrimental rrnPb_.d

Is the immediate area in which the license is sought subject to: (Check with your local Police Department area "Senior Lead Offcet')

a. Excessive calls to the Police Department b. Police resources being already strained c. High rates of alcoholism, homelessness, etc. d. Large "youth" (under 21) population

3. With reoard to the operation of the proposed business explain:

a. The method of business operation: (large volume of alcohol to food sales, "Jate" hours (after midnight), high % unskiled (no ABC training class) staff, high % of underage (under 21 ) staff, etc.)

b. Would the business duplicate a nearby business already in existence?

c. Other non-alcohol sales business options available so alcohol does not have to be sold, e.g., more specialty products, broader range of items like fresh meats or fruits and vegetables, etc.

The City Council wil evaluate these factors and make a decision on the overall merits of your request. Therefore, you should answer below as to why you believe any of these above listed beneficial or detrimental conditions apply to your project and provide any documented proof to support your belief:-- ? ¡ s-G :: E- ~ c.i+

, " ,\.- APPLICATION FOR DETERMATION OF PUBLIC CONVENIENCE OR NECESSITY (CALDERA APPLICATION)

APPLICANT: Mr. Jeffey Fish! lMF Enterprise iv L.L.C. Pershing Square Building 448 S. Hil Street Los Angeles, Ca. 90013

RE: Application For Determiation of "Public Convenience and Necessity", pages Number 4 an Number 5

D. Public Convenience and Necessity Evaluation

1. Yes. There is a mix of on-site and off-site ABC issued licenses in the arca. 2. No 3 . Yes. Pershig Squarc Park, 6th & Hil Streets. 4, No 5. No

E. Possible Benefits and/or Detriment to the Communitv

1. Possible Benefits: Would the business: a. Employ local residents: The owner/applicant own several businesses in the downtown area which

employs/has employed local residents. The approval of this application will enhance

the viability of this site and provide substantial additional employment opportunities for local residents and others. . b. Generate taxes:

The development and expansion of this venue as envisioned by the Applicant wil add much needed entertainment to the area. The additions should generate added and increased revenues to the City coffers. We are unble to determe at this time what the increase in taxes wil be. c. Provide unique goods and services:

This project is expected to help lead and develop the on-going resurection of the Dov.rntovm Corridor. l\.ccordi.~g to the Central City Redevelopment Plan, its goals and objectives are to create a modern effcient and balanced urban environment for the public, including a full range of dining, nighttime and upscale entertainent activities. This venture is geared toward that goal since it will be one of a few upscale restaurant and entertainent venues on Hill St. hoping to attract visitors, tourists and the growing local residential population to this exciting social locale. Pg2

Application for PCN Applicant: Mr. Jeffey Fish! JMF Enterprise iv L.L.C. Pershing Squae Building 448 S. Hil Street Los Angeles, Ca. 90013

d. Aesthetic upgrade:

This venue is the hioric Pershing Square Building, built in the Italian

Renaissance Revival style. It is identified as a City of Los Angeles Historic-Cultural Monuent. The Ower/Applicant has worked hard 10 maintain this building in outstanding condition as well as taking cafe to ensure all work performed on the site

is eompatblewit it origial design. Some exerior work will be performed 10

enhnce the outside of the venue, As a historic landmak it is one of the keys to the continuing revival and improvement of the Downtown Corrdor. e. Long term economic development: Ther ÍB a major undertak in downown Los Angeles to improve the ara and attract residents, visitors and toursts. The boomig residential development in this ara requis upscale entertainent and ding venues for this population, as well as servicing the established commercial workforce and making this a destination for that workfree. This establishment is one of several new eforts to provide just sueh type seting and entertainment in the area £ Culturallentertainment outlet: This locale is a beautiful historic monument. It is in operation as a commereiallretail workplace. The addition of the requested useswonld add an amenity that would only enhance the building's use as a cultural, social and entertainment venue on the Hil Street corridor.

2. Possible Detriments: Is the immediate area subject to: a. No b. No c. No a, No

3. Operation of the proposed business(es):

a. The method of business operaion: Tli-Is IûcatIûn is a landmark. The Owned Applicant has ieceived a Conditional Use Perit to allow dancing and alcohol beverge sales in a high end ba~ement/ar lounge and a rooftop bar/lounge; there wil also be an upscale restaurant on the ground floor level of1he building. This CUP/Caldera request is in keeping wih the long-ter effort by the City, the public, owners and residents to develop and provide enhnced nighttime entertainent ameniies on Hill St. and Downown, in generl. Underge staf will not be employed in the barllounge venues. Pg3

Application for PCN Applicant: Mr. jef fish! JM Enterpnse iv L.L.c, Perlrg Squ Building 448 S. Hil Street Los Angeles, Ca. 9013

b. Duplicate a nearby business: This expanded use of the exing building is par of a long tIie concered efort by the City, property owners and residents to add nighttime entertainent as well as to establish high-end fie dining restauts and oter amenities to the Downtown Corrdor. As is occurg, there is a huge desire for the development of Dowow. Ths project is one that is inended to help in the growth and

development of the ara.

c. Other options available: N/A 2~R~ Borunda & Associates

dpcn MICHAEL LOGRADE ";ITY OF Los ANGELE.~ iiCTINC CHIEF lONlNG IIDMINISTRA TOR DEPARTMENT OF CALIFORNIA CITY PLANNING ASSOCIATE ZONING ADMINISTRATORS 5. GAll GOLDBERG, AICP GARY BCXHfR DIRfCTOR PATRICIA BROWN R. NICOlAS BROWN OFFICE OF SUE CHANG ZONING ADMINISTRTION ANIK CHARRON 200 N. SPRING SIREn, 7'~ FLOOR fMILY l. GABEL-LUDD'( i-05ANG~LES. CA 90011 DANIEL GREEN 1213)976-1318 LOURDES GREEN ., FAX, 1213) 978.1334 LINN WYATT ANTONIO R. VllLARAICOSA MICHAEL S.'(_ '(DUNG 'MYOR VV_lacity,orglPLN August 2,2006

Jeffrey Fish (A) CASE NO. ZA 2004-1365(CUB)(CUX)(ZV) JMF Enterprise IV, LLC EXTENSION OF TIME 448 South Hill Street 448 South Hill Street Los Angeles, CA 90013 Central City Planning Area Zone C2-4D JM Enterprise IV, LLC (0) D. M. 129A211 11331 Ventura Boulevard C. D. 14 Santa Monica, CA 90402 CEQA ENV 2004-1366-MND Fish and Game Exempt Elizabeth Peterson (R) Legal Description : Fr. Lot 6, Block 11, Elizabeth Peterson Group, Inc. Ords Survey 6381 Hollywood Boulevard, #570 Los Angeles, CA 90028

Department of Building and Safety

In the matter of the request of Jeffrey Fish, applicant, for an extension of time within which to take advantage of the grant authorized under the above-numbered case, please be advised that it has been shown that a delay has been or will be unavoidable due to issues with financing and tenancy. Therefore, the Administrator hereby qrants an extension of time as set forth in the above-numbered case within which to start some form of construction work.

This extension of time is to continue for a period of one year from the expiration of the current grant or until Julv 26, 2007. The Department of Building and Safety is hereby authorized to issue the necessary permits within said additional time, provided that all other ;;;s lhe;;t ~ been met lll/,i' L MICHAEL LOGRANDE - Acting Chief Zoning Administrator Telephone No. (213) 978-1318

ML:SW:lmc

cc: Council member Jose Huizar Fourteenth District e-~ AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER ~ -'ITY OF Los ANGELE:.-, ROBfRT IANOVICI CALIFORNIA DEPARTMENf OF CHIH lONINCAOMINI~lRA10R CITY PLANNING ASSOClATI ZON,,"cAoMfNIHItTORS CON HOWE DIRfClOR GARY BOOHER R. NICOLAS BROWN FRANKLIN P. EBERHARD DEPUIYDIREClOR ANIK CHARRON tMIl Y J. GABEl-LUDDY OFFICE Of DANiEl GREEN ZONING ADMINISTRATION LOURDES GREEN . 200 N. SPRING SlRHT, 7'" FLOOR DAVID KABASHIMA LmANCUES,CA 90012 ALBERT l.'\NDINI JAMES K. HAHN (113) 978-1318 JON PERleA MAYOR FAx: (21Jì 978-1334 July 9, 2004

Jeffrey Fish (A) CASE NO. ZA 2004-1365(CUB)(CUX)(ZV) JMF Enterprise LV, LLC CONDITIONAL USE/ZONE VARIANCE 448 South Hil Street 448 South Hill Street Los Angeles, CA 90013 Central City Planning Area Zone C2-4D JMF Enterprise IV, LLC (0) D. M. 129A211 1 1331 Ventura Boulevard C. D. 14 Santa Monica, CA 90402 CEQA ENV 2004-1 366-MND Fish and Game: Exempt Elizabeth Peterson (R) Legal Description: Fraction of Lot 6, Block Elizabeth Peterson Group, Inc. 11, Ord's Survey 6381 Hollywood Boulevard, #570 Los Angeles, CA 90028

Department of Building and Safety

Pursuant to Los Angeles Municipal Code Section 12.24-W, 1, i hereby APPROVE:

a Conditional Use Permit, to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, in conjunction with the;

a. operation of a new 5,141 square-foot bar / lounge in the basement with 1,571 square feet of support space with a total of 6,712 square feet in the existing office building;

b. to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, in conjunction with the operation of a new 3,626 square. foot restaurant with 1,327 square feet of support space for the ground floor for a total of 4,953 square feet and kitchen support space of 2,730 square feet on the mezzanine level of the existing office building; c. and to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, in conjunction with the operation of a new 4,046 square-foot bar/lounge and 1,848 square feet of support services for a total of 5,894 square feet on the roof of the existing office building. On the 13th floor of the subject 13-story AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER R!arrnlrnqwi "1, CASE NO. ZA 2004-1365(CUB)(CUX)(ZV) PAGE 2

offce/commercial building, the applicant proposes to add 1,194 square feet of special events/conference room with 788 square feet of support space for a total of 1,982 square feet;

Pursuant to Los Angeles Municipal Code Section 12.24-W,18, I hereby APPROVE:

a request to permit public dancing and live entertainment in conjunction with the proposed basement bar and proposed rooftop bar/lounge; and

Pursuant to Los Angeles City Charter Section 562 and Municipal Code Section 12.27, I hereby APPROVE:

a request for a Variance from Section 12.26-E,5 of the Code to permit required parking through lease in lieu of covenant, upon the following additional terms and conditions:

1. All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the propert, except as such regulations are herein specifically varied or required.

2. The use and development of the property shall be in substantial conformance with the plot plan submitted with the application and marked Exhibit "A", except as may be revised as a result of this action.

3. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Zoning Administrator to impose additional corrective conditions, if, in the Administrator's opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.

4. All graffti on the site shall be removed or painted over to match the color of the surface to which it is applied within 24 hours of its occurrence.

5. A copy of the first page of this grant and all conditions and/or any subsequent appeal of this grant and its resultant conditions and/or letters of clarification shall be printed on the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued.

6. Prior to the issuance of any building permits and/or certificate of occupancy, the owner of the property shall fully improve all streets and alleys adjoining the subject property, including sidewalk fil-in, street trees, street lights and fire hydrants, to the satisfaction of, respectively, the Bureau of Engineering, Bureau of Street Lighting and the Fire Department. or post bonds suitably guaranteeing improvements, all at no expense to the City of Los Angeles.

7. Priorto the issuance of any permits relative to this matter, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be CASE NO. ZA 2004-1365(CUB)(CUX)(ZV) PAGE 3

recorded in the County Recordets Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the Zoning Administrator for approval before being recorded. After recordation, a certified copy bearing the Recordets number and date shall be provided to the Zoning Administrator for attachment to the subject case file.

8. All aspects of this grant shall have a life of five years after which the grant shall lapse and the applicant shall need to file for and win approval of a new conditional use and zone variance in order to continue the use of land as authorized herein.

9. The applicant shall secure a City permit decal for each of the individual premises denoting approval of alcoholic beverage sales and/or dancing from a Planning Department public counter subsequentto the Zoning Administratots signature on the Planning Department sign-off form and mount it on either the inside of the window of the subject site facing the front street or on the outside of the building (if inside mounting is not possible). The decal shall be visible at all times and mounted before the privileges granted herein are utilized.

10. Prior to the issuance of any building permits parking shall be provided in numbers as required by the Los Angeles Municipal Code and to the satisfaction of the Department of Building and Safety. Parking may be provided off-site and secured by Lease rather than Covenant and Agreement. Where secured by lease, the spaces shall be fully dedicated to the various business venues discussed herein, and shall not be shared with other businesses not considered herein. The parking lease shall be for five years. Failure to secure such a lease wil result in the time limit of this grant being placed in jeopardy orthe grant becoming invalid.

11. Prior to the issuance of any building permits a security plan shall be presented to the Los Angeles Police Department for their consideration and approval. The approval of said plan shall be in writing.

12. The applicant shall coordinate with the local division of the Los Angeles Police Department regarding appropriate monitoring of community complaints conceming activities associated with the subject facility.

13. The project shall fully comply with the requirements of the Community Redevelopment Agency, and any conditions imposed by that agency shall be considered conditions of this grant as though written herein.

14. The restaurant shall contains a separate room with kitchen to be used for cooking and preparing of food.

15, Music shall not be audible beyond that part of the structure which is under the control of the applicant. 16. No alcoholic beverages shall be consumed on any propert adjacent to the licensed under the control of the licensee. CASE NO. ZA 2004-1365(CUB)(CUX)(ZV) PAGE 4

Dance Hall Conditions

17. There shall be no public dancing on the permitted premises without a valid dance hall police permit (P529).

18. That entertainment and music provided shall not be audible beyond the subject propert.

19. No person shall be hired or employed by the applicant or allowed on the premises for the purposes of soliciting any patron or customer to purchase any alcoholic beverages or sexual favors either at subject property or elsewhere.

20. No employee of the applicant shall be permitted to accept money or any other thing of value from a patron or customer or be employed for the specific purpose of sitting with or otherwise spending time with customers or patrons while on the subject premises.

21. There shall be no areas partitioned off in such a manner to provide concealment or private seating or gathering that would prevent the area from being monitored. 22. There shall be adequate lighting on the interior of the premises so as to render objects or persons clearly visible.

23. Adequate security lighting shall be installed in the alleys and access-ways adjoining the premises.

24. No"pass-outs" shall be permitted that allow customers to leave the club and retum.

25. No sound from instruments or entertainment performing on the premises shall be audible on the outside that exceed Section 112.01 of the Los Angeles Municipal Code (Noise Ordinance).

26. The applicant will ensure that any people waiting in line remain orderly and well behaved at all times.

Applicant Volunteered Basement Bar and Lounqe and Rooftop Bar and Lounqe Specific Conditions

27. Sales, services and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. to 1 :45 a.m. Monday through Friday and 11 :00 a.m. to 1 :45 on Saturday and Sunday.

28. Petitioners(s) shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks. 29. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 5

30. The subject alcoholic beverage license shall not be exchanged for a public premise type license. 31. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed.

32. The sale of distilled spirits by the bottle for same day or future consumption is prohibited.

33. There shall be no service, sales, or possession of an alcoholic beverage in any patio or sidewalk area.

34. No pay phone will be maintained on the exterior of the premise.

35. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs of which are clearly visible to the exterior shall constitute a violation of this condition.

36. There shall be no adult entertainment of any type, including but not limited karaoke, topless entertainment, male or female penormers or fashion shows.

37. No pool or billiards table may be maintained on the premises.

38. There shall be no coin-operated games or video machines maintained upon the premises at nay times.

39. Any graffti painted or marked upon the premises or on any adjacent area under the control of the Petitioner(s) shall be removed or painted over within 245 hours of being applied. 40. The rear/side door(s) of the premises shall be equipped on the inside with an automatic locking devise and shall be kept closed at all times. This door(s) shall not be used as a means of access by patrons to and from the premises. Temporary use of this door(sO for delivery of supplies does not constitute a violations. Said door(s) are not to consist solely of a screen or ventilated security door.

41. The Petitioner(s) shall be responsible for maintaining free of letter the area adjacent to the premises over which they have control.

42. Any music, sound or noise emitted, that is underthe control of the Petitioner(sO shall not exceed decibel levels that at stated in Noise Abatement laws and Zoning Administrative Authority Section, 12.24-X,2 L.A.M.C.

43. The Petitioner(s) shall provide off-street parking spaces for vehicles used by patrons of the premises as per City of Los Angeles Zoning Regulations.

44. During the operation hours of the business, the Petitioner(s) shall provide security offcer(s) inside the premises. One additional security offcer acting as a supervisor shall be on the premises during these same hours. All security personnel shall CASE NO. ZA 2004-136:i(CUB)(CUX)(ZV) PAGE 6

maintain order therein and prevent any activity that would interfere with the quiet enjoyment of their propert by nearby residents. Said personnel shall be license consistent with State law and a Los Angeles Police commission standards. The security personnel shall be dressed in such a manner as to be readily identifiable to patrons and law enforcement personnel.

45. Petitioner(s) shall install and maintain security cameras and a one month video library that covers all common areas of the business, high-risk areas and entrances or exits. The videotapes shall be made available to police upon request.

46. Within one year of the effective date of this determination, all personnel acting in the capacity of a manager of the premise shall attend a Standardized Training for Alcoholic Retailers (STAR) session sponsored by the Los Angles Police Department.

47. Petitioner(s) shall maintain, and present on request to offcers, a copy of the Business Permit, Insurance information and a valid emergency contact phone number of the Valet services(s) used by Petitioner(s).

Apolicant Volunteered Ground Floor Restaurant Soecific Conditions

48. Sales, services and consumption of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. to 1 :45 a.m. seven days a week.

49. Petitioners(s) shall not require an admission charge or a cover charge, nor shall there be a requirement to purchase a minimum number of drinks.

50. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.

51. The quarterly gross sales of alcohol beverages shall not exceed the gross sales of food during the same period. The Petitioner(s) shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department upon demand.

52. The subject alcoholic beverage license shall not be exchanged for a public premises type license.

53. No IIhappy hûüín type ûf iedüced piice alcûhûlic beverage promutiun shaii be allowed.

54. The sale of distilled spirits by the bottle for same day or future consumption is prohibited.

55. At all times when the premises are open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. CASE NO. ZA 2004-136:i(CUB)(CUX)(ZV) PAGE 7

56. The premises shall be maintained as a bona fide eating place (restaurant) with an operational kitchen, and shall provide a menu containing an assortment of foods normally offered in such restaurants. Food service shall be available at all times during normal operating hours.

57. No pay phone will be maintained on the exterior of the premises.

58. There shall be no exterior advertising or sign of any kind ortype. including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs of which are clearly visible to the exterior shall constitute a violation of this condition.

59. There shall be no adult entertainment of any type, including but not limited to karaoke, topless entertainment, male or female performers or fashion shows.

60. No pool or billiards table may be maintained on the premises.

61. There shall be no coin-operated games or video machines maintained upon the premises at nay times.

62. Any graffti painted or marked upon the premises or on any adjacent area under the control of the Petitioner(s) shall be removed or painted over within 245 hours of being applied. 63. The rear/side door(s) of the premises shall be equipped on the inside with an automatic locking devise and shall be kept closed at all times. This door(s) shall not be used as a means of access by patrons to and from the premises. Temporary use of this door(sO for delivery of supplies does not constitute a violations. Said door(s) are not to consist solely of a screen or ventilated security door.

64. The Petitioner(s) shall be responsible for maintaining free of letter the area adjacent to the premises over which they have control.

65. Any music, sound or noise emitted, that is under the control of the Petitioner(sO shall not exceed decibel levels that at stated in Noise Abatement laws and Zoning Administrative Authority Section, 12.24-X,2 L.A.M.C.

66. The Petitioner(s) shall provide off-street parking spaces for vehicles used by patrons of the premises as per City of Los Angeles Zoning Regulations.

67. During the operation hours of the business, the Petitioner(s) shall provide security officer(s) inside the premises. All security personnel shall maintain order therein and prevent any activity that would interfere with the quiet enjoyment of their property by nearby residents. Said personnel shall be license consistent with State law and a Los Angeles Police commission standards. The security personnel shall be dressed in such a manner as to be readily identifiable to patrons and law enforcement personneL. CASE NO. ZA 2004-136:J(CUB)(CUX)(ZV) PAGE 8

68. Petitioner(s) shall install and maintain security cameras and a one month video library that covers all common areas of the business, high-risk areas and entrances or exits. The videotapes shall be made available to pOlice upon request.

69. Within one year of the effective date of this determination, all personnel acting in the capacity of a manager of the premise shall attend a Standardized Training for Alcoholic Retailers (STAR) session sponsored by the Los Angles Police Department.

70. Petitioner(s) shall maintain, and present on request to offcers, a copy of the Business Permit, Insurance information and a valid emergency contact phone number of the Valet services(s) used by Petitioner(s).

Environmental Conditions

71. All conditions enumerated in Environmental Clearance Case No. Mitigated Negative Declaration - ENV-2004- 1366-MND (listed below) shall be considered conditions of this grant.

a. Cultural Resources (Historical)

1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. 2) The historic character of a property shall be retained and preserved. The removal of historic material or alteration of features and spaces shall be avoided. 3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other buildings, shall not be undertaken.

4) Most properties change over time; those changes that have acquired significance in their own right shall be retained and preserved.

5) Distinctive features, finishes and construction techniques or examples of skilled craftsmanship which characterize an historic property shall be preserved.

6) Deteriorated historic features shall be repaired rather than replaced. Where the severity if deterioration requires replacement of a distinctive historic feature, the new feature shall match the old in design, color, texture, and other visual qualities, and where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 9

of structures, if appropriate, shall be undertaken using the gentlest means possible.

8) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the propert. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic propert and its environment would be unimpaired.

b. Explosion/Release (Asbestos Containing Materials)

Prior to the issuance of the demolition permit, the applicant shall provide a letter to the Department of Building and Safety from a qualified asbestos abatement consultant that no ACM are present in the building. If ACM are found to be present, it will need to be abated in compliance with the South Coast Air Quality Management District's Rule 1403 as weli as all other state and federal rules and regulations.

c. Public Services (Fire)

The following recommendations of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: fire lanes, where required, shall be a minimum of 20 feet in width; all structures must be within 300 feet of an approved fire hydrant, and entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane.

d. Public Services (Police Geneialì

Incorporate into the plans the design guidelines relative to security, semi- public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. Please refer to Desian out Crime Guidelines: Crime Prevention Throuah Environmental Desian published by the CASE NO. ZA 2004-136::(CUB)(CUX)(ZV) PAGE 10

Los Angeles Police Department's Crime Prevention Section (located at Parker Center, 150 N. Los Angeles Street, Room 818, Los Angeles, (213)485-3134. These measures shall be approved by the Police Department prior to the issuance of building permits.

OBSERVANCE OF CONDITIONS - TIME LIMIT - LASE OF PRIVILEGES - TIME EXTENSION

All terms and conditions of the approval shall be fulfilled before the use may be established. The instant authorization is further conditional upon the privileges being utilized within two years after the effective date of approval and, if such privileges are not utilized or substantial physical construction work is not begun within said time and carried on diligently to completion, the authorization shall terminate and become void. A Zoning Administrator may extend the termination date for one additional period not to exceed one year, if a written request on appropriate forms, accompanied by the applicable fee is filed therefore with a public Office of the Department of City Planning setting forth the reasons for said request and a Zoning Administrator determines that good and reasonable cause exists therefore.

TRANSFERABILITY

This authorization runs with the land. In the event the property is to be sold, leased, rented or occupied by any person or corporation other than yourself, it is incumbent upon you to advise them regarding the conditions of this grant.

VIOLATIONS OF THESE CONDITONS, A MISDEMEANOR

Section 12.29 of the Los Angeles Municipal Code provides:

"A variance, conditional use, adjustment, public benefit or other quasi-judicial approval, or any conditional approval granted by the Director, pursuant to the authority of this chapter shall become effective upon utilization of any portion of the privilege, and the owner and applicant shall immediately comply with its conditions. The violation of any valid condition imposed by the Director, Zoning Administrator, Area Planning Commission, City Planning Commission or City Council in connection with the granting of any action taken pursuant to the authority of this chapter, shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this Code."

Everý viûlatiûn üf this deterrnination is punishabie as a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

APPEAL PERIOD - EFFECTIVE DATE

The applicant's attention is called to the fact that this grant is not a permit or license and that any permits and licenses required by law must be obtained from the proper public agency. Furthermore, if any condition of this grant is violated or if the same be not complied with, then the applicant or his successor in interest may be prosecuted for CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 11

violating these conditions the same as for any violation of the requirements contained in the Municipal Code. The Zoning Administratots determination in this matter will become effective after JULY 26. 12004, unless an appeal therefrom is filed with the Citv Plannina Deoartment. It is strongly advised that appeals be fied earlv during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be fied on the prescribed forms, accompanied by the required fee. a copy of the Zoning Administrator's action, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are available on-line at ww.lacity.ora/Dln. Public offces are located at:

Figueroa Plaza Marvin Braude San Fernando 201 North Figueroa Street, Valley Constituent Service Center 4th Floor 6262 Van Nuys Boulevard, Room 251 Los Angeles, CA 90012 Van Nuys, CA 91401 (213) 482-7077 (818) 374-5050 The time in which a part may seek judicial review of this determination is governed by California Code of Civil Procedure Section 1094.6. Under that provision, a petitioner may seek jUdicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, only if the petition for writ of mandate pursuant to that section is filed no later than the 90th day following the date on which the City's decision becomes finaL.

NOTICE The applicant is further advised that all subsequent contact with this offce regarding this determination must be with the Zoning Administrator who acted on the case. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in orderto assure that you receive service with a minimum amount of waiting. You should advise any consultant representing you of this requirement as well.

FINDINGS OF FACT

After thorough consideration of the statements contained in the application, the plans submitted therewith, the report of the Zoning Analyst thereon, the statements made at the public hearing on May 24 2004, all of which are by reference made a part hereof, as well as knowledge of the property and surrounding district, i find that the requirements for authorizing a conditional üse p8imit ündsï the provisions of Section î2.24-Vv' have been established by the following facts:

BACKGROUND

The property is a level, rectangular-shaped, corner record lot, consisting of 0.26 acres, having frontages of 120 feet on the northeast side of Hill Street, and 100 feet on the southeast side of 5th Street. The site is developed with a 13-story offce/commercial building. The building features basement and mezzanine floors with no on-site parking. CASE NO. ZA 2004-136::(CUB)(CUX)(ZV) PAGE 12

Adjoining properties northeast of the site are zoned C2-4D and are developed with two, four-story commercial buildings. Southeast ofthe site are zoned C2-4D and developed with multi-story commercial buildings. Properties southwest across 5th Street and Hil Street are zoned C5-4D and OS-1XL and are developed with multi-story commercial buildings, underground parking and Metro Station. Northwest across Hil Street and 5th Street are zoned OS-1XL and C2-4D and are developed with multi-story commercial buildings and underground parking.

Hil Street, adjoining the property to the northwest is a designated Secondary Highway, dedicated a width of 86 feet and improved with curb, gutter, and sidewalk.

5th Street, adjoining the property to the southeast is a designated Secondary Highway, dedicated a width of 83 feet and improved with curb, gutter and sidewalk.

Previous zoning related actions in the area include:

Case No. ZA 2001-5986(CU) - On August 8, 2002, the Zoning Administrator approved a Conditional Use at 448 South Hil Street, to permit construction of a wireless telecommunications facility mounted on the roof of an existing building.

Case No. ZA 2001-0666(CU) - On June 11, 2001, the Zoning Administrator approved a Conditional Use at 453 South Spring Street to permit the installation of a wireless telecommunications facility mounted on an existing building.

APPLICANT'S OVERALL STATEMENT

The Pershing Square Building is located on 448 S. Hill Street, Los Angeles California in the Historic Core of Downtown Los Angeles. The Pershing Square Building was identified as a City of Los Angeles Historic- Cultural Monument, as well as determined eligible for the California Register of Historic Places and the National Register of Historic Places on February 28, 1979 by the keeper of the register. The Pershing square building was designed by the prominent Los Angeles architectural firm Curlett and Beelman in 1923. The firm, which began in 1921, designed the Pershing Square Building as one of the first major works of notable skyscraper architecture in Los Angeles.

The Pershing Square Building is an excellent example of the popular 1920s Italian Renaissance Revival architecture style. This building represents a move from the general characteristics of the style, which calls for masonry treatment, to the building being done in a gray tone of terra cotta. This fashion of office building proves successful as the building is stil heavily üsed tüday. The buiiding has a commanding presence at the corner of 5th and hill streets and relates well with the buildings that surround Pershing Square. The utilitarian plan and decorative detailing of this building mark an important step in the evolution of corporate architecture in Los Angeles as well as continue to give birth to a pithier of new and fresh architectural ideas. The rehabilitation of this Historic Building as well as the proposed entitlements to the Pershing Square Building wil enhance the value as well as aid in the preservation and rehabilitation process of this aesthetically pleasing historical architectural relic. CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 13

The propert is a level, rectangular-shaped parcel of land, having a frontage of 120 feet on the north east side of Hil Street and a frontage of 100 feet of the south east side of 5th Street with a depth of 120 feet. Adjoining properties to the north, south, east and west are zoned C2-4D, C5-4D, (a) C4-4D and OS-1XL properties developed with one- to 13 story commercial buildings occupied by retail clothing stores, restaurant, vacant offce buildings and parking lots.

PUBLIC HEARING

A City Zoning Administrator conducted a public hearing in Los Angeles City Hall on Monday, May 24, 2004 at approximately 2:30 p.m. The applicant was JMF Enterprise IV, LLC.

The purpose of the hearing was to obtain testimony from affected and/or interested persons regarding the application. Interested parties were also invited to submit written comments regarding the request prior to the hearing. The environmental impact was among the matters considered at the hearing.

The issues before the Zoning Administrator were requests for:

1) A Conditional Use Permit, pursuant to the provisions of Section 12.24-W,1 of the Los Angeles Municipal Code, to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, in conjunction with the;

a. operation of a new 5,141 square-foot bar / lounge in the basement with 1,571 square feet of support space with a total of 6,712 square feet in the existing offce building with hours of operation from 4 a.m. to 2 a.m. Monday through Friday and 11 a.m. to 2 a.m. Saturday and Sunday;

c. and to permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption, in conjunction with the operation of a new 4,046 square-foot bar / lounge and 1,848 square feet of support services for a total of 5,894 sqüâí6 feet ûn the iûûí uí the existing offce buiiding with hours of operation from 4 p.m. to 2 a.m. Monday through Friday and 11 a.m. to 2 a.m. on Saturday and Sunday. On the 13th floor of the subject 13-story office/commercial building, the applicant proposes to add 1,194 square feet of special events/conference room with 788 square feet of support space for a total of 1,982 square feet;

The occupancy loads are as follows: Proposed ground floor restaurant seating - total 1 08 fixed seats; basement bar / lounge 220 fixed seats, mezzanine 74 seats - total 294 seats; 13th floor conference room - total 40 seats; rooftop bar/lounge proposed seating - total311 seats. CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 14

2) A Conditional Use Permit, pursuant to the provisions of Section 12.24-W, 18 of the Code to permit public dancing and live entertainment in conjunction with the proposed restaurant/lounge and proposed bar/lounge; and

3) Pursuant to the provisions of Section 12.27 -B of the Code, a Variance from Section 12.26-E,5 of the Code to permit required parking through lease in lieu of covenant.

The involved property was identified as being located at 448 South Hill Street, legally described as Fr. Lot 6, Block 11, Ord's Survey, as more specifically described in the application. The propert is zoned C2-4D.

At the pUblic hearing the applicant and one adjacent neighbor appeared. Aiso appearing was a representative from L.A. Conservancy and the Community Redevelopment Agency. The project and the instant file were reviewed. In reviewing the instant file the Zoning Administrator read the materials contained within said fie and reviewed the exhibits and radius maps indicating the various land uses within the affected radius. After this review the hearing was opened to public testimony and the following pOints were considered:

History of the site and its ownership Review of the floor plans and clarification of the use of locales within the building Problems experienced by a neighboring propert owner with trash being thrown over the side of the roof of the subject building and onto the neighbor's building Lack of clarity surrounding the parking requirements and the need for the applicant to become certain regarding absolute parking required for the proposed uses, and that such determination would be made by the Department of Building and Safety, and that said parking could be obtained by lease but would need to be reserved for use only by the subject premises. Concerns of the Community Redevelopment Agency as to noise impacts on the increasing numbers of downtown residents particularly from the rooftop dancing operation Concerns of the LA Conservancy regarding alteration of this historically significant building.

Following this testimony there was discussion with the applicant and the Zoning Administrator determined to hold the record open for the applicant and any other concerned parties to supply additional written comment. Subsequent to the open period additional material was received from the applicant regarding their proposed hiring policies but that was not particularly germane to the issues at hand and has not been quoted herein. With the close of the file the Zoning Administrator was left with concerns over the amount of paíking that Wûüld be requìred by the Department of Building and Safetyi and how that required parking would be provided by the applicant. Further of concern was the use of noise barriers on the rooftop to contain noise from dance music to the subject locale. Neither of these two issues has been resolved.

Given this degree of uncertainty the Zoning Administrator decided to grant the applicant's request with the broadest pOSSible scope, but only for a five year time period. The applicant has three distinct hurdles before them: 1) the Police Safety Plan, 2) provision of reserved parking in numbers satisfactory to the Department of Building and Safety, and 3) final approval of plans by the Community Redevelopment Agency. With those safeguards in place as well as other conditions offered by the Applicant, the Zoning Administrator is CASE NO. ZA 2004-136:i(CUB)(CUX)(ZV) PAGE 15

of the opinion that the City is adequately protected to allow the applicant a five year run on this current application during which time the applicant wil be confronted with a number of hurdles to complete before the operation becomes established by a more long term grant.

ZONING ADMINISTRATOR'S OVERALL DISCUSSION

The applicant is requesting permission to sell and dispense a full line of alcoholic beverage for on-site consumption, in conjunction with the operation of four ABC licenses under the same business name and building.

The applicant is requesting permit to sell and dispense a full line of alcoholic beverages for on-site consumption in conjunction with the operation of 6,712 square-foot bar/lounge in the basement leveL. To permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with 4,953 square-foot restaurant on the mezzanine level of the offce building.

To permit the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with 5,894 square-foot bar / lounge on the roof of the existing building.

The applicant is also proposing 1,982 square-foot special event / conference room on the 13th floor of the building. Applicant did not indicate if a full line of alcohol will be served in the special event / conference room; If alcohol will be served, additional ABC License will be required for the special event / conference room.

The applicant is also requesting a Conditional Use permit to allow public dancing and live entertainment in conjunction with the proposed restaurant / lounge in the mezzanine floor and the proposed bar / lounge in the basement. There are no arrangements for security services at this time. Applicant will adhere to recommendations from Police and ABC Departments.

The 13-story building has no on-site parking for customers, therefore, the applicant is requesting a Variance to permit required parking through a lease instead of the Covenant Agreement as required by the Code.

There are no residential uses or other sensitive uses within 600 feet of the site. The project is within an existing cûmmeicialíuffce building in a C2 Zone, the use wil not be detrimental in character to other retail and offces in the area.

Statistics from the Police Department reveal that in the subject Crime Reporting District No. 143, which has jurisdiction over the subject property, a total of 133 crimes were reported in 2003, compared to the citywide average of 297 crimes and the high crime reporting CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 16 district average of 356 crimes for the same period. These numbers do not reflect the total number of arrest in the subject reporting district over the accountable year. Arrests for this calendar year may reflect crimes reported in previous years.

BASIS FOR CONDITIONAL USE PERMITS

A particular type of development is subject to the conditional use process because it has been determined that such use of propert should not be permitted by right in a particular zone. All uses requiring a conditional use permit from the Zoning Administrator are located within Section 12.24-W of the Los Angeles Municipal Code. In order for the sale of a full line of alcoholic beverages for on-site consumption with dancing and live entertainment to be authorized, certain designated findings have to be made. In these cases, there are specific conditional use categories which have additional findings in lieu of the four standard findings for most other conditional use categories.

CONDITIONAL USE FINDINGS (ALCOHOLIC BEVERAGE SALES)

Following (highlighted) is a delineation of the findings and the application of the relevant facts to same:

1. The proposed location wil be desirable to the public convenience or welfare.

Applicant's Statement

The location of the project will be desirable to the public convenience and welfare because the new restaurant and bar / lounge wil contribute to the on going effort to revitalize the vacant lower levels of buildings in the Downtown Los Angeles area, upgrade the neighborhood and add to the economic vitality of the redevelopment area. The proposed restaurant and bar / lounge wil offer a convenient location in the community for entertainment and dining space that may be desired by those who live in the neighborhood those who work in the surrounding downtown area. An approval of this will be an added amenity to those who work and or live nearby.

Additional Material Supplied by the Apolicant

What are the proposed hours of operation and which days of the week will the establishment be open? What are the proposed hours of alcohol sales?

The ground floor restaurant's proposed hours of operations are from 6 a.m. to 2 a.m. daily and hours of Alcohol sales are from 11 a.m. to 2 a.m. daily.

The basement bar / lounge's proposed hours of operations are from 4 p.m. to 2 a.m. Monday through Friday and 11 a.m. to 2 a.m. on Saturday and Sunday. Proposed hours of alcohol sales are from 4 p.m. to 2 a.m. Monday through Friday and 11 a.m. to 2 a.m. on Saturday and Sunday.

The rooftop bar / lounge's proposed hours of operations are from 4 p.m. to 2 a.m. Monday through Friday and 11 a.m. to 2 a.m. on Saturday and Sunday. Proposed hours of alcohol sales are from 4 p.m. to 2 a.m. Monday through Friday and 11 a.m. to 2 a.m. on Saturday and Sunday. CASE NO. ZA 2004-136::(CUB)(CUX)(ZV) PAGE 17

What is the occupancy load as determined by the Fire Department (number of patrons)? What is the proposed seating in all areas?

Restaurant proposed seating: Ground Floor: 108 fixed seats TOTAL: 108 Seats in proposed restaurant

Basement Bar / lounge proposed seating: 220 fixed seats Mezzanine 74 Seats TOTAL: 294 Seats in proposed bar / lounge

13th floor conference room Total Seats 40

Rooftop Bar / lounge proposed seating: Total Seats 311 in proposed bar / lounge

Is parking available on the site? If so, how many spaces? If spaces are not available on the site, have arrangements been made for off-site parking by lease or covenant? Where? How many off-site spaces?

No parking is available on-site. However, the Pershing Square Building is located in the Historic Core of Downtown Los Angeles and The Pershing Square Building was identified as a City of Los Angeles Historic- Cultural Monument, as well as determined eligible for the California Register of Historic Places and the National Register of Historic Places on February 28, 1979 by the keeperofthe register. Notwithstanding any provisions of the Los Angeles Municipal code to the contrary, for any structure designated on the National Register of Historic Places or State or city list of Historical or cultural monuments, no additional parking spaces need be provided in connection with a change of use.

The Pershing Square Building is also conveniently located on a Major Highway with a heavily traveled bus route, and between the Metro link Pershing Square Redline stations as well as the City Of Los Angeles Pershing Square parking structure which holds 1700 cars. The propert is also located in the Downtown jewelry district which tourist shoppers, business men and women walk, run, bike, and travel via carpool, via MT A, via Metro link to their Downtown destinations. The applicant has requested a variance íor off-site parking for 14 spaces due to the new usage on the roof top of the existing Historic Pershing Square Building.

Is there to be entertainment such as a piano, bar, jUke box, dancing, live entertainment, movies, etc.? (Specify?) (On-site only)

The applicant is requesting live entertainment, which includes but not limited to DJ entertainment and dancing within the proposed restaurant and bar / lounge. CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 18

Is a full line of alcoholic beverages to be served or just beer and wine? Yes, a full line of alcoholic beverages wil be served as permitted by a Department of Alcoholic Beverage Control Type 47 license in conjunction with a ground level restaurant, Type 48 license in conjunction with a basement bar/lounge and Type 48 license in conjunction with a rooftop barf lounge.

Will cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises? (Off-site only)

All alcoholic beverages will be consumed on premises.

If a cocktail lounge is to be maintained incidental to a restaurant, the required floor plans must show details of the cocktail lounge and the separation between the dining and lounge facilities. (on-site only).

A cocktail lounge is maintained on the basement floor and the rooftop within the proposed bar / lounge areas. See attached floor plan for details.

Has the owner or lessee of the subject propert been suspended from the sale of alcoholic beverages on the subject property or fined by the Alcoholic Beverage Control Department (ABC) in the last 365 days and if so, for what reasons?

No.

Will video game machines be available for use on the subject propert and if so, how many such machines will be in use?

There are no arcade or video game machines associated with the proposed project.

Will you have signs visible on the outside, which advertise the availability of alcohol? No. The applicant will strictly adhere to state guidelines governing the advertisement of the availability of alcoholic beverages.

'v'''il alcûhûl be suld without a fooå order? W¡¡¡ there be a kitchen on the site as defined in the Los Angeles Municipal Code.

Yes, alcohol will be served without a food order. The applicant is applying for a Department of Alcoholic Beverage Control Type 47 in conjunction with a ground level restaurant, Type 48 license in conjunction with a basement barf lounge and Type 48 license in conjunction with a rooftop bar / lounge.

Will beer or wine coolers be sold in single cans or will wine be sold in containers less than 1 liter (750ml)? CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 19

Yes. Applicant is applying for a Department of Alcoholic Beverage Control Type 47 in conjunction with a ground level restaurant, Type 48 license in conjunction with a basement bar / lounge and Type 48 license in conjunction with a rooftop bar / lounge.

Wil "fortified" wine (greater than 16% alcohol) be sold?

Yes. Applicant is requesting a Department of Alcoholic Beverage Control Type 47 in conjunction with a ground level restaurant, Type 48 license in conjunction with a basement bar / lounge and Type 48 license in conjunction with a rooftop bar / lounge.

Will off-site sales of alcohol as a secondary use to on-site sales occur (i.e., take out)?

Wil discount alcoholic drinks or a "Happy Hour" be offered at any time?

Wil security guards be provided and if so, when and how many?

Applicant will provide security in consultation with and per site-specific recommendations from the Department of Alcoholic Beverage Control and Police Department.

Wil alcohol be allowed to be consumed on any adjacent property under the control of the applicant? Wil the gross sale of alcohol exceed the gross sale of food items on a quarterly basis?

The gross sale of alcohol will not exceed the gross sale of food items on a quarterly basis for the proposed restaurant. Applicant is applying for a Department of Alcoholic Beverage Control Type 47 license for the proposed restaurant.

Gross sale of alcoholic beverages will exceed the gross sale of food items for the proposed basement floor bar /Iounge. Applicant is applying for a Department of Alcoholic Beverage Control Type 48 license for the proposed basement floor bar / lounge.

GiûSS sale of alcoholic beverages wiii exceed the gross sale of food items for the proposed rooftop bar / lounge. Applicant is applying for a Department of Alcoholic Beverage Control Type 48 license for the proposed rooftop bar / lounge.

Provide a copy of the proposed menu if food is to be served.

Pending. CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 20

How many employees will you have on the site at any given time?

There will be approximately 150 employees during the largest shifts for all three entitlements.

What security measures wil be taken including:

(1) Posting of Rules and Regulations on the premises. Applicant will post rules and regulations on the premise in consultation with and per site-specific recommendations from the Department of Alcoholic Beverage Control and Police Department.

(2) To prevent such problems as gambling, loitering, theft, vandalism, and truancy.

Applicant wil comply with all applicable standards requested by the Department of Alcoholic Beverage Control, Police Department, and the Department of Zoning Administration.

(3) Will security guards be provided and if so, when and how many?

Applicant will provide security in consultation with and per site-specific recommendations from the Department of Alcoholic Beverage Control and Police Department.

(4) Other measures. Please see attached to application in the file.

Will there be minimum age requirements for patrons? If so, how will this be enforced?

Restaurant:

No. There will not be a minimum age requirement for patrons for proposed restaurant because applicant is applying for a Department of Alcoholic Beverage Control Type 47 License. Applicant will adhere to all applicable standards under a Type 47 License.

Basement Bar / lounge:

Yes. No patrons under the age of 21 will be admitted into the proposed barf lounge. Trained security and staff will check patrons' ID before entering premise.

Rooftop Bar / lounge:

Yes. No patrons under the age of 21 wil be admitted into the proposed barf lounge. Trained security and staff will check patrons' ID before entering premise. CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 21

Are there any schools (public or private and including nursery schools) churches or parks within 1,000 ft. of your proposed business? Pershing Square Park

500 Block of Olive Street N/E corner of 4th & Olive

For massage parlor or sexual encounter establishment applicants: are there any other adult entertainment businesses within 1,000 feet of your proposed establishment (i.e., adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater)?

N/A.

For off-site sales, where will the alcohol be stored and displayed (indicate on floor plan)

N/A

Zoning Administrator's Discussion

The surrounding area in which the restaurant will be located is entirely zoned for commercial uses and is well developed for these purposes. The subject restaurant and the selling or serving of alcoholic beverages will not be detrimental to the character of the immediate area and will have a positive impact on the economic welfare of the community. The proposed venues wil serve the needs of local business people, shoppers and residents. The surrounding offces and shops are attracting more persons to the area and consequently generating an expanded local work force, thereby increasing the day and night time population. This population seeks a diversity of services, such as the proposed facility wil provide. The proposed restaurant will serve this population and the availability of alcoholic beverages will provide a desired amenity.

2. The location is proper in relation to adjacent uses or the development of the community.

The proposed project will be proper in relation to adjacent uses or the development of the community because Downtown Los Angeles is currently becoming a commercial center of ground level shopping, with the upper floors and basements of many buiidings vacant. The applicant believes their proposed project at 448 Hill Street can capture the demand for residents, business owners and workers a like to live work and play in Downtown Los Angeles, by providing a restaurant and barf lounge space for residents in the nearby, newly developed downtown lofts and apartments. The applicant seeks to capitalize on a renewed interest in Downtown Los Angeles which is witnessing the conversion of the upper floors of old office buildings to housing and development of vacant land to housing, as well as a new concert hall, a new cathedral, a rebuilt City Hall, new sound stages, and other in-fill projects. All in all, the proposed use at this time is a pioneer and can be a catalyst, CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 22

if successful, for future scenarios of renaissance in the area. Various efforts by the City to inject nightlife into Downtown have yet to achieve the desired round the clock lifestyle desired by some residents and commercial boosters.

3. The use wil not be materially detrimental to the character ofthe development in the immediate neighborhood.

The proposed project wil not be detrimental to the character of development in the immediate neighborhood because with conditions and limitations imposed by the Zoning Administrator if approved, the surrounding properties will be protected from predictable impacts of the proposed use. The use is consistent with the desire to create an entertainment district with the necessary supporting commercial uses.

4. The proposed location wil be in harmony with the various elements and objectives of the General Plan.

The Central City Community Plan Map designates the property for Regional Center Commercial uses with corresponding zones of C2, C4, C5, P, and PB, and Height District No. 40. The property is not currently within the area of any specific plans or interim control ordinances. This project is in harmony with the goals and the intents of the General Plan Elements adopted for this geographical area in that it wil for optimum use of land at this location without detriment to adjacent or nearby properties.

5. Additionally the Zoning Administrator has determined that: a. The proposed use wil not affect the welfare of the pertinent community.

b. The proposed use wil not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beverages, including beer and wine, in the area of the City involved, giving consideration to the number and proximity of such establishments within a one thousand foot radius ofthe site, the crime rate in the area, (especially those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct), and whether the revocation or nuisance use proceedings have been initiated for any use in the area. CASE NO. ZA 2004-136:i(CUB)(CUX)(ZV) PAGE 23

The approval of the Conditional Use wil not result in or contribute to an undue concentration of such establishments because, despite possible concems regarding over concentration of on-sale liquor licenses and the crime rate, the subject propert is located within an intensive commercial area. The number of allocated licenses is calculated based upon resident population and that the employment/shopping population far exceeds the resident population of the census tract. Similar situation exists in other prominent tourist areas such as Little Tokyo, Hollywood and Century City. The location is proper in relation to adjacent uses and the development of the community. Land use in immediate area is characterized by a wide variety of commercial uses.

c. The proposed use wil not detrimentally affect the nearby residentially zoned communities in the area ofthe City involved giving consideration to the distance of proposed use from residences, churches, school and other public uses, and other establishments sellng and dispensing, for sale or other consideration alcoholic beverage, including beer and wine.

The approval of the requested Conditional Use will not detrimentally affect nearby residentially zoned properties because the establishment wil provide a convenient location for local residents and others to come for entertainment. As indicated on the radius map, there are no residential uses within 500' radius.

CONDITIONAL USE FINDINGS (DANCING)

6. The proposed location wil be desirable to the public convenience or welfare.

The location of the project wil be desirable to the public convenience and welfare because the dancing will contribute to the on going effort to revitalize the vacant lower levels of buildings in the Downtown Los Angeles area, upgrade the neighborhood and add to the economic vitality of the redevelopment area. The proposed dancing activity wil be in a convenient location in the community for entertainment and is one that is desired by those who live in the neighborhood as well as those who work in the surrounding downtown area. An approval of dancing at this location will be an added amenity to those who work and or live nearby.

7. The location is proper in relation to adjacent uses or the development of the community.

witnessing the conversion of the upper floors of old offce buildings to housing and development of vacant land to housing, as well as a new concert hall, a new cathedral, a rebuilt City Hall, new sound stages, and other in-fill projects. All in all, the proposed use at this time is a pioneer and can be a catalyst, if successful, for future scenarios of renaissance in the area. Various efforts by the City to inject nightlife into Downtown have yet to achieve the desired round the clock lifestyle desired by some residents and commercial boosters.

8. The use will not be materially detrimental to the character of the development in the immediate neighborhood.

The proposed project will not be detrimental to the character of development in the immediate neighborhood because with conditions and limitations imposed by the Zoning Administrator if approved, the surrounding properties will be protected from predictable impacts of the proposed use. Dancing is consistent with the desire to create an entertainment district with the necessary supporting commercial uses.

9. The proposed location wil be in harmony with the various elements and objectives ofthe General Plan.

The Central City Community Plan Map designates the property for Regional Center Commercial uses with corresponding zones of C2, C4, C5, P, and PB, and Height District No. 4D. The propert is not currently within the area of any specific plans or interim control ordinances.

This project is in harmony with the goals and the intents of the General Plan Elements adopted for this geographical area in that it wil allow for optimum use of this commercial site without detriment to adjacent or nearby properties.

VARIANCE FINDINGS (PARKING)

In order for a variance to be granted, all five of the mandated findings delineated in City Charter Section 562 must be made in the affrmative. Following (highlighted is a delineation of the findings and the application of the relevant facts of the case to same:

10. The strict application of the provisions of the Zoning Ordinance would result in practical diffculties or unnecessary hardships inconsistent with the general purpose and intent of the zoning regulations.

Âppiicants Statement

The strict application of the provisions of the Zoning Ordinance would result in practical diffculties or unnecessary hardships inconsistent with the general purpose and intent of the Zoning regulations. Further, denial of the request would unfairly impair/prevent the applicant from enjoying reasonable use of the subject site. The zoning regulations allow certain lands uses in the various zones in order to achieve compatibility between respective uses. CASE NO. ZA 2004-136b(CUB)(CUX)(ZV) PAGE 25

Such regulations, however, are written on a City-wide basis and cannot take into account individual unique characteristics, which a specific parcel and its intended use may have. In this instance, the Code's desire to insure the availabilty of C2-4D Community Commercial Zone and the applicant's desire to maintain a consistent and valuable interim use can be accommodated in a manner consistent with the intent and purpose of the zoning regulations.

The strict application ofthe provisions of the Zoning Ordinance would clearly result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Zoning regulations since the restaurant use is substantially compatible with the historic and prevalent uses in the surrounding area. Furthermore employees, business owners and residences of the longstanding and historic Downtown Jewelry District In Pershing Square are in the area demand and deserve a convenient place to sit down and eat as well as a night time venue that wil draw a positive economic development in the community. The maintenance and modest upgrade of the existing uses would not be expected to create additional impacts above and beyond the allowable uses.

L&R Auto Parks. Inc.. dba Joe's Auto Park, David P. Damus, Esq. / Executive Vice President - February 23, 2004

i am writing to confirm our conversation with respect to your potential parking needs for the above referenced properly. You have indicated that you will need approximately 150 non-reserve parking spaces on the propert which we operate located at 437 South Hill Street in Los Angeles, California from the hours of 5:00 p.m. until 3:00 a.m., Monday through Friday.

This memorandum is to confirm that we would be interested in entering into an agreement with you to accommodate your parking needs, Obviously these would be non-reserved spaces for passenger vehicles. Our potential agreement would be in the form of either a lease or a license agreement. All agreements are subject to the review and approval of the company.

This letter constitutes only an expression of interest and shall not constitute a binding agreement between the signatories to consummate the transaction discussed herein. This letter is not binding and is merely a reflection of the parties' understanding of some of the general terms of the proposed sale transaction and upon which understanding the parties are willing to proceed With other discussions and negotiations. Notwithstanding the contents of this letter or any other past, present or future written or oral indications of assent or indications of results of negotiation or agreement to some or all matters then under negotiation, it is agreed that no party to the proposed transaction (and no person or entity related to any such party) will be under any legal obligation with respect to the proposed transaction or any similar transactions.

i iook forward to working with you on this matter in the future. CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 26

Zoning Administrators Discussion

In light of all that has been said above the Zoning Administrator has determined that denial of the request would unfairly prevent the applicant from enjoying reasonable use of the subject site. The zoning regulations allow certain uses in respective zones in order to allow for buffering distance and compatibility between respective uses. Such regulations are written on a Citywide basis and allow the Zoning Administrator to take into account individual unique characteristics which a specific parcel may have. In this instance, the Code's desire to achieve compatibility between respective sites and protect neighboring properties and the applicant's desire to provide a more viable use can be accommodated in a manner consistent with the intent and purpose of the zoning regulations. Thus the request has been conditionally approved.

11. There are exceptional circumstances applicable tothesubject propert which do not generally apply to other properties in the same zone and vicinity in which the site is located.

There are special circumstances applicable to the subject propert such as size, topography, location or surroundings that do not apply generally to other propert in the same zone and vicinity. The Historic Pershing Square Buildings unique features consist of its Historic architecture predating the 1920s with its Italian Renaissance Revival architecture style. The Building is in a prime location, next to 3 major parking lots including the City of Los Angeles Pershing Square parking structure which holds 1700 spaces in the Historic Downtown Jewelry District in Pershing Square. The adaptive reuse of the Pershing Square Building with the entitlements requested as well as the existing improvements thereon make the request as proposed, logical, as it would allow for the reasonable historic rehabilitation of this existing Historic building with a well planned functional integration of existing improvements into the nearby and surrounding bustling Downtown Jewelry District. 12. Such variance is necessary for the preservation and enjoyment of a substantial propert right or use generally possessed by other propert in the same zone and vicinity but which, because of such special circumstances and practical diffculties or unnecessary hardships, is denied the property in question.

This variance is necessary for the preservation and enjoyment of a substantia! property right or use generally possessed by other propert in the same zone and vicinity but which, because of special circumstances and practical diffculties or unnecessary hardships is denied to the propert in question because there are a number of like commercial uses such as restaurants. delicatessens which are support services to the surrounding district, with these uses existing in older non- conforming buildings that rarely provide required parking on site. The right to maintain and make modest changes to these uses has been affirmed in prior Zoning actions throughout the area. While parking is generally available in the area, it's not always possible to provide parking on-site as required by current code. The applicant is not requesting any deviation from the number of parking spaces CASE NO. ZA 2004-136o(CUB)(CUX)(ZV) PAGE 27

required by the LAMC, but merely to provide those spaces off-site through lease in lieu of covenant.

13. The granting of such variance wil not be materially detrimental to the public welfare, or injurious to the propert or improvements in the same zone or vicinity in which the propert is located.

The granting of this variance will not be materially detrimental to the public welfare, or injurious to the propert or improvements in the same zone or vicinity in which the propert is located because the interim maintenance ofthis historic building through an adaptive redevelopment project with the proposed entitlements with parking provided off-site through lease in lieu of covenant use will not be materially detrimental to the publiC welfare, or injurious to the property or improvements in the same zone or vicinity in which the propert is located. The use is compatible with the surrounding community commercial uses in the area. The modest rehabilitation of this building to accommodate the proposed uses wil actually benefi the public welfare by providing local business owners, employees and residents a reasonably priced place to eat and play. The approved projects wil encourage uses that support the Downtown redevelopment movement "Iive Work and Play in Downtown

LA" by injecting economic vitality through creative and innovative business models that will be an important component for local economy; and which wil support the retention of historic buildings.

14. The granting of variance wil not adversely affect any element of the General Plan.

The Central City Community Plan Map designates the property for Regional Center Commercial uses with corresponding zones of C2, C4, C5, P, and PB, and Height District No. 40. The granting of this variance will not adversely affect any element of the General Plan. The underlying community commercial designation will remain intact. The interim use of this site for restaurant usage as well as dancing usage are in support of one of the Pershing Square Downtown Jewelry district, most important will not inhibit its implementation. It will not hinder the achievement of community redevelopment goals, nor wil it affect the character of development in the immediate neighborhood.

ADDITIONAL MANDATORY FINDINGS

15. The Nationai Flood Insurance Program rate maps, which are a part of the Flood Hazard Management Specific Plan adopted by the City Council by Ordinance No. 172,081, have been reviewed and it has been determined that the propert is located in Zone C, areas of minimal flooding.

16. On April 15, 2004, the City Planning Department Environmental Staff Advisory Committee (ESAC) issued Mitigated Negative Declaration No. ENV 2004-1366- MND (Article V - City CEQA Guidelines) and determined that by imposing conditions the impacts could be reduced to a level of insignificance. i hereby adopt that action. The records upon which this decision is based are with the Environmental Review Section in Room 763, 200 North Spring Street. CASE NO. ZA 2004-136:J(CUB)(CUX)(ZV) PAGE 28

17 Fish and Game: The subject project, which is located in Los Angeles County, will not have an impact on fish or wildlife resources or habitat upon which fish and tUwildlife depend, ~. as defined by Califomia Fish and Game Code Section 711.2. ALBERT LANDINI Associate Zoning Administrator Direct Telephone No. (213)978-1467

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LA- ¿. DU4- l.1b5 rCKi:Oll"'U i:~U.fKL nUILUll"'U EXSTING BUILDING SUMMAY 448 SOUTH HILL STREET Project addr: 448 S. Hil S¡., Los Angeles, CA 90013 Legal Description: Ord's Survey ~ 100 ft ofL:i 6 B\o Type of Construction: Typ L, Spr.ner LOS ANGELES, CA 90013 Zonicg:C2 BASEME"'r (GROS:S)li,92SSf Grss Ar (each floor): 12,000 SF NIGHTCLUB/BAR 5,141 SF SUPPORT SPACES 1,571 SF OWNR TOTAL 6,71iSF PROJECT DESCRTION JM Enterprises iv, L.L.c. GROUND Fu:R (GRSS) ii,OOOSF BASEM: Teiant improement. new A. RESTAURA/BAR 3,62651' Occupancynighic1ub, bar,mezine ¡;leiy, restroorr, Jeffey M. Fish, Managing Director fri:ight i:!i:vator, dumbwaiter, fire.exitiiig stairolciiii.doi' 11331 Ventura Boulevard, Ste. 300 SUPPORT SPACES i,327SF TOTAL 4,95351' Studio City, Calforna 91 604 1ST FLOOR: Tenant impro\"ement~ new AJ OCl;pancy MEZZINE (GROSS) 773 SF dining facility, bar, rctrooms, fright elevator, TeL. : (818) 487-1034 KITCHEN/SUPPORT SPACES i,730 SF dumbwaiter, fire-exitig ootrdors. TOTAL 2,730SF i ST FWOR MEZANP: Teuan: ¡mprovemen: . Dew ARCHITECT 2ND FLOOR (GROSS) 12,000 SF kitchen,freighti:lcvator,dumbwaite,ficxting FREGHT ELEVATOR/LOBBY 136 Sf' siaircotrdiirs. Design Aid Architects TOTAL 136 SF ir-"D FLOOR: Teiiant improvement - ne.. fright elcvau The Hollywood Building 13TH FLOOR (GROSS) LO,452 SF freight elevator lobby. 6404 Hollywood Boulevard Ste. 414 SPECIA EYEl'SlCONF. ROOM 1,194 SF 13TH FLOOR: Tenant improvement - two new elevalor3 Hollywood, California 90028 SUPPORT SPACE 7&8 Sf (tortof),firc.exitingstail"fromfloora.velfiextig Tel. (323) 962-4585 TOTAL 1,981 SF oorrdor.

Fax: (323) 962-8280 :ROOF (GROSS OPEN ROOF AR) 6,714 SF ROOF: Tenant improvement - fWO new elcvat~ (from contact Jeffey B. Samudio NIGHTCLUB/BAR 4,D4 SF floor below), A2.1 Occupaucyba, two outdr de SUPPORT SPACES L,S48 SF anas,re:troms,fireclÚtitigsta. STRUCTUL ENGINEER TOTAL 5,894 SF §:HEET INEX T.B.D. VICIIT MA i-~ COVE SHET MECHACAL CONSULTANT AO.O GENRA NOmS AO.l SIT PLA I.B.D. AO.2 EXISTIG BASEME FLOOR PLA AO.3 EXSTIG FIRST FLR PLA ELECTRICAL ENGINEER AO.4 EXISTIG MEZZINE FLOOR PLA T.B.D. AO.S EXTIG 2ND FLOOR PLA' AO.6 EXTING 13TH FLR PLA AO.7 EXTIG ROOF PlA FOOD FACILITIES DESIGN AL.2 PROPOSED BASEME FLOOR PLA I.B.D. " Al.3 PROPOSED FffSTFLOR PLA

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