DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT
City Planning Commission Case No.: CPC 2008-4001-ZC-HD- CUB-CUX-ZAA-SPR Date: October 8, 2009 CEQA No.: ENV-2008-4002-MND Time: After 8:30 a.m.* Council No.: 13, Eric Garcetti Place: Los Angeles City Hall Plan Area: Hollywood 200 North Spring Street, Room 1010 Specific Plan: Adaptive Reuse Incentive Los Angeles, CA 90012 Areas Certified NC: Hollywood United Public Hearing: August 14, 2009 GPLU: Regional Center Appeal Status: To City Council Commercial Expiration Date: November 2, 2009 Zone: C4-2D-SN Multiple Approval: Per Section 12.36 of the LAMC Applicant: SPBB, LLC; David Morgan (Multiple Entitlements), Conditional Representative: Sheri L. Bonstelle Use, Zoning Administrator’s Jeffer Mangels Butler & Adjustment, Site Plan Review are Marmaro, LLP appealable to City Council. Zone Change may be appealed by the Applicant if denied in whole or in part.
PROJECT 6381-6385 W. Hollywood Boulevard, 1708-1720 N. Cahuenga Boulevard LOCATION:
PROPOSED Adaptive Reuse of a historic bank building into an 80-room hotel, restaurant, lobby bar, night PROJECT: club and lounge, health spa, and rooftop bar and outdoor café, and pool area. The demolition of the existing one-story structure to the north and construction of a parking structure to include ground floor retail, hotel offices, service areas, and 120 parking spaces.
REQUESTED 1. Pursuant to LAMC Section 12.32-F&-G, a Zone Change and Height District Change , , ACTION: from C4-2D-SN to [T][Q]C4-2D-SN and, pursuant to LAMC Section 12.32-A, to remove the “D” Limitation established under Ordinance No. 165,659 and to allow an floor area ratio of 4.5:1; 2. Pursuant to LAMC Section 12.24-W.1, a Conditional Use Permit for the sale and dispensing of alcoholic beverages for on-site consumption in the C4 Zone incident to the operation of a multiple-use hotel including a restaurant, nightclub, lounge, rooftop bar and café, rooftop pool area, hotel room liquor cabinets, and hotel room service; 3. Pursuant to LAMC Section 12.24-W.18, a Conditional Use Permit for entertainment use of a night club with live entertainment in the C4 Zone for hotel and non-hotel patrons; 4. Pursuant to LAMC Section 12.28-A, a Zoning Administrator’s Adjustment to allow zero yard setbacks on the side and rear yards on all lots from ground to sky and on all subterranean levels for the hotel parking, retail, office and service uses on the subterranean level and above-ground levels of the parking structure on the two northern lots and for the rooftop addition, subterranean access and northern entryway to the Security Pacific Bank Building; 5. Pursuant to LAMC Section 16.05-D.2, Site Plan Review ; 6. Pursuant to section 12.32 of the Municipal Code, Waiver of Street Dedication and Improvement requirements along Cahuenga Boulevard and Hollywood Boulevard as CPC 2008-4001-ZC-HD-CUB-CUX-ZAA-SPR Page 2
required by the of the Bureau of Engineering; and 7. Pursuant to Section 21082.1(c) of the California Public Resources Code, Adopt ENV- 2008-4002-MND, Mitigated Negative Declaration for the project.
RECOMMENDED ACTIONS:
1. Approve and Recommend that the City Council adopt a Zone/Height District Change from C4-2D-SN to [T][Q]C4-2D-SN and remove the “D” Limitation established under Ordinance No. 165,659 subject to the attached Conditions of Approval; 2. Approve Conditional Use to permit the sale and dispensing of alcoholic beverages for on-site consumption in the C4 Zone, subject to the attached Conditions of Approval; 3. Approve Conditional Use to permit entertainment uses for hotel and non-hotel patrons, subject to the attached Conditions of Approval; 4. Approve a Zoning Administrator’s Adjustment to allow zero yard setbacks on the side and rear yards on all lots from ground to sky and on all subterranean levels for the hotel parking, retail, office and service uses on the subterranean level and above-ground levels of the parking structure on the two northern lots and for the rooftop addition, subterranean access and northern entryway to the Security Pacific Bank Building; 5. Approve Site Plan Review findings for the project; 6. Waive street dedication and improvement requirements along Cahuenga Boulevard and Hollywood Boulevard as required by the of the Bureau of Engineering; 7. Adopt ENV-2008-4002-MND as the Mitigated Negative Declaration for the project. 8. Adopt the attached findings. 9. Recommend that the applicant be advised that the time limits for effectuation of a zone in the “T” Tentative classification or “Q” Qualified classification are specified in Section 12.32.G of the LAMC. Conditions must be satisfied prior to the issuance of building permits and, that the “T” Tentative classification shall be removed in the manner indicated on the attached page. 10. Advise the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.
S. GAIL GOLDBERG, AICP Director of Planning
(Original Signed in File) (Original Signed in File______Michael LoGrande, Chief Zoning Administrator Jim Tokunaga, Senior City Planner Telephone: (213) 978-1309
ADVICE TO PUBLIC: *The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to the Commission Secretariat, Room 272, City Hall, 200 North Spring Street, Los Angeles, CA 90012 (Phone No. 213-978-1300). While all written communications are given to the Commission for consideration, the initial packets are sent to the week prior to the Commission =s meeting date. If you challenge these agenda items in court, you may be limited to raising only those issues you or someone else raised at the public hearing agendized herein, or in written correspondence on these matters delivered to this agency at or prior to the public hearing. As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability, and upon request, will provide reasonable accommodation to ensure equal access to tis programs, services and activities. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or other services may be provided upon request. To ensure availability of services, please make your request not later than three working days (72 hours) prior to the meeting by calling the Commission Secretariat at (213) 978-1294
TABLE OF CONTENTS
Project Analysis ...... A-1 Project Summary ...... A-1 Background ...... A-1 Issues ...... A-2 Conclusion ...... A-3
[Q] Qualified Conditions of Approval ...... Q-1
[T] Conditions...... T-1
Conditions of Approval for Conditional Use...... C-1
Findings ...... F-1 General Plan Land Use ...... F-1 General Plan Text ...... F-1 Zone Change and Height District Change ...... F-1 Conditional Use ...... F-2 Zoning Administrator’s Adjustment ...... F-6 Site Plan Review ...... F-8 Environmental ...... F-10
Public Hearing and Communications...... P-1
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PROJECT ANALYSIS
Project Summary
The proposed project is the adaptive reuse of the historic 1922 constructed, seven story Security Pacific Bank Building as a hotel with approximately 80 hotel guest rooms, a ground floor restaurant and lobby bar, subterranean supper club and lounge, seventh floor spa and rooftop bar/café with outdoor seating and pool area. The proposed project will also include the demolition of an existing one-story commercial structure containing a restaurant, nightclub and 18 surface parking spaces, and construction of a commercial and parking structure with ground level retail along Cahuenga Boulevard, hotel offices on the second level, subterranean hotel service area, one level of subterranean parking and three levels of above-ground parking. The total floor area of the project will not exceed 4.5 times the buildable lot area, which is equal to 136,557 square feet. The parking for the restaurant, bar, nightclub, retail, and health spa uses will be in compliance with the Los Angeles Municipal Code provisions, and although not required for an adaptive reuse project, will also include additional parking for the hotel use. The total site area is 30,346 square feet or .697 acres and zoned C4-2D-SN. The Security Pacific Bank Building is listed on the National Register of Historic places and is a locally-designated Historic-Cultural Monument. The building is currently occupied by office uses on the upper levels and is vacant on the ground and subterranean floors and is approximately 97 feet high and contains 62,432 square feet of floor area. The parcel to the north (across the 20-foot driveway easement) is currently developed with a single story structure containing a restaurant and nightclub. The building is approximately 19 feet high and contains 9,838 square feet of floor area. Adjacent to the single story structure is a surface parking lot containing 18 parking spaces.
Background
The subject site is zoned C4-2D-SN and is designated for "Regional Center" commercial use in the Hollywood Community Plan. Pursuant to footnote 9 of the Community Plan, development intensity within areas designated for Regional Center commercial use is limited to a 4.5:1 Floor Area Ratio ("FAR") with a maximum of 6:1 FAR with City Planning Commission approval. The Height District 2 with a "D" limitation limits the height of any new construction to 45 feet and the FAR of any development on the site to two times the buildable area of the lot. The "SN" designation indicates that the Property is located within the Hollywood Signage Supplemental Use District (the "Sign District").
The City is currently preparing an update for the Hollywood Community Plan. The draft updated Community Plan proposes to increase the FAR to 4.5:1 for the subject site and to eliminate the 45 foot height limitation. The City will also adopt zoning consistent with the updated Community Plan. The property is within the Hollywood Redevelopment Plan area, which allows an FAR of 4.5:1 and an FAR of up to 6:1 through an Owner Participation Agreement with the CRA that provides community benefits.
The property is also in the Adaptive Reuse Incentive Areas Specific Plan. The Adaptive Reuse Ordinance provides incentives to support a change of use from commercial or industrial to dwelling units, guest rooms, or joint living and working quarters in a building within the Hollywood Redevelopment Plan area in a C zone, which was constructed prior to July 1, 1974. The Security Pacific Bank Building was constructed in 1922 and the proposed hotel use qualifies the project for adaptive reuse incentives.
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Surrounding Area . All of the properties within a 500-foot radius of the subject site are zoned C4-2D-SN with the exception of [Q]R5-2 zoned properties on the west side of Wilcox Avenue between Yucca Street and Hollywood Boulevard. The area is designated Regional Center Commercial, an area for intense commercial development.
Commercial and medium to high density residential developments comprise most of the land uses in the site vicinity. Commercial uses in the area are primarily along Hollywood Boulevard, Sunset Boulevard, Cahuenga Boulevard and Vine Street and include local and regional serving retail and restaurant establishments. Other adaptive reuse projects are also near the project site including the preservation of the Taft Building as an office building, the preservation of the Broadway Building and Equitable Building as residential condominiums, and propose office building above the Pantages Theater.
West of the project site are the famous tourist attractions of Hollywood Boulevard including Mann’s Chinese Theater and the Hollywood/Highland mixed-use development. Residential development in the project area is primarily multi-family in nature with medium to high density residential developments concentrated next to the area’s commercial corridors and along portions of Franklin Avenue and Gower Street. Some single family and multi-family residences are located east of the subject site along local streets such a Carlos Avenue and Vista Del Mar Avenue. Although single family residences are interspersed throughout the area, planned single family neighborhoods are located north of Franklin Avenue in the Hollywood Hills.
Cultural/Historic Monument Status . As previously mentioned, the Bank Building is listed as LA Historic Monument No. 334. The Bank Building is also listed on the National Register (US- 83001204) and is located within the Hollywood Boulevard Commercial and Entertainment District (US-85000704). The façade of the Bank Building fronts on the Hollywood Walk of Fame which is listed as LA Historic Monument No. 194, any modification to the façade or sidewalk must preserve the Walk of Fame.
Issues
Adequacy of the traffic study . A speaker at the public hearing who lives in the immediate area of the hotel project expressed some concern regarding the adequacy of the traffic study prepared for the project. Although he does not oppose the hotel project and generally supports the project his comments were directed at the Initial Study and the Mitigated Negative Declaration.
Specifically the issues regarding the adequacy of the traffic study were on the number of intersections studied (11 of the 17 intersections studied are east of the project site), the date of the traffic study (2007) and use of another traffic study and its compliance with CEQA requirements, and the potential impact of new additional trips on Cahuenga Boulevard (21 new trips potentially crossing northbound Cahuenga Boulevard to make a left or southbound turn).
The Los Angeles Department of Transportation (LADOT) determined that the traffic study prepared for the proposed project is adequate. LADOT staff determined the study intersections based on their experience in and knowledge of the Hollywood area, including the street and freeway system, the locations likely to be most affected by project traffic, and recent traffic studies in this area. For the LADOT, the CEQA process begins with its approval of the traffic study Memorandum of Understanding (MOU). LADOT requires traffic studies to use current traffic counts to develop existing year traffic volumes. LADOT has determined that in most cases, a two year time limit is reasonable and appropriate to represent existing volumes. Therefore, unless there are unusual circumstances, traffic counts up to two years old at the time of MOU approval are acceptable, subject to LADOT approval. These counts may also be from other traffic studies. Finally, the driveway for the proposed project will be in approximately the
CPC 2008-4001-ZC-HD-CUB-CUX-ZAA-SPR A-3 same location as the existing driveway. Inbound and outbound left- and right-turn usage at this driveway was considered by LADOT and no restrictions regarding the driveway were recommended or required by LADOT during the traffic assessment determination.
Easement access for adjacent properties . The owner of one of the adjacent parcels to the east of the subject site and who shares a 20- foot easement with the Security Pacific Bank Building has expressed concern over the use of an existing easement for hotel purposes and potential impediment to his access to the easement to his property. Specifically, the Security Pacific Bank Building identifies two non-exclusive easements located along the north 20-feet of the property for the benefit of the two properties to the east of the subject site. The easements are described as follows:
(i) a twenty foot easement “to use a a private alley or driveway in common with the grantor”, dated October 4, 1912 (Book 5257, page 233), and (ii) a twenty foot easement “to use as a private driveway… to be used in common with the property adjoining on the East, the right to use as a private alley or driveway the North 20 feet hereinbefore mentioned, to be used in common with the grantee or his assigns and others entitled to the use of said alley,” recorded February 11, 1920 (Book 7119, page 54).
According to the representative for the hotel property, the owner of the Security Pacific Bank Building may make continued use of the area the easement covers so long as the use does not “interfere unreasonably” with the easement’s purpose. The proposed hotel project maintains the existing 20-foot private alley, and expands the driveway width onto the north lot, which will contain a parking structure. At times when the neighbors require access to the easement area for deliveries or other uses, hotel attendants will be on hand to clear the easement area. A hotel attendant will be available 24 hours a day every day so that the adjoining neighbors will be able to fully utilize the easement at all times. The hotel project proposes to locate a gate across the easement area on the eastern edge of the Security Pacific Bank Building property in order to ensure that no hotel guests, delivery trucks or other vehicles use the private alley past the hotel property line. The neighbors will have full control of the gate to ensure unimpeded access to their property. As a condition of approval access to easement shall be maintained by the hotel for use by the adjacent property owners to the east.
Loss of creative office space and existing tenants . At the public hearing there were a number of tenants currently renting office space in the Security Pacific Bank Building who testified about the loss of office space and more importantly to them, the loss of their livelihood after investing in their businesses and creating an office building of tenants that work in various professions of the entertainment field. They also questioned whether a “boutique” type hotel as planned would succeed in Hollywood given the current number of hotel projects proposed for Hollywood. Many testified that no one from the bank building ever contacted them and that the public hearing was the first they had heard of the proposed hotel.
On September 15, 2009, in response to comments at the public hearing, representatives for the building owner and the building manager met with approximately 25 of the tenants. At the meeting, an estimated timeline of the entitlement process was discussed and the representatives answered questions about the hotel project. The building manager answered questions regarding on going maintenance issues. Another meeting will be scheduled for January 2010 to provide tenants with an update.
Conclusion
The proposed project entails the adaptive reuse and preservation of the historic Security Pacific Bank Building as a hotel. The building designed in 1921 by the prominent architectural firm of
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Parkinson & Parkinson, was one of the major banking offices on Hollywood Boulevard beginning in the early 1920’s. Designed to accommodate the financial transactions of the growing Hollywood community and burgeoning entertainment industry, the bank played a substantial role in the economic development of Hollywood by providing the facilities for studio payrolls, real estate syndications and financial backing for motion pictures. It was one of a handful of high rises in the area.
The preservation will include restoration of the elaborate Beaux Art façade with authentic materials to eliminate the existing graffiti and deterioration of the stone. The project will also provide restoration of the interior historic detailing including the ground level bank area and subterranean staircase and vault space. The restoration will upgrade the aging mechanical systems including the passenger elevators, HVAC ducts and systems, fire sprinkler systems, earthquake stabilization and electric conduits. The building is currently used as small offices, which require upgrades for both aesthetic and safety reasons. Preservation of a historic structure for adaptive reuse is consistent with the City’s on going effort for adaptive reuse of historic buildings.
The Hollywood area has had a recent renaissance of entertainment, office, residential and hotel uses with approval and construction of projects in the immediate vicinity such as (i) the W hotel and Legacy residential condominium units at Hollywood and Vine, (ii) the Blvd 6200 project with 1,000 units of rental housing and 175,000 square feet of retail use at Hollywood and Argyle, (iii) the Selma Hotel project at Selma and Cahuenga, (iv) the preservation of the Broadway Building and Equitable Building as luxury residential condominiums, (v) the preservation of the Taft Building as office use, and (vi) the proposed Pantages office tower above the historic Pantages Theater, among many others. This recent development will entice many new visitors and businesspersons to the Hollywood area and create a new demand for hotels that provide all the modern amenities. The proposed project fulfills the requirements of this new level of clientele and will provide additional property and tax revenue source for the Hollywood area, Business Improvement District, and Community Redevelopment Agency. Based on the proposed project’s overall compliance with the General Plan, the adaptive reuse of a historic structure, and the goals for the development of Hollywood, the Planning Department is recommending approval of the requested entitlements subject to conditions of approval.
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[Q] QUALIFIED CONDITIONS OF APPROVAL
Pursuant to Section 12.32 G of the Municipal Code, the following limitations are hereby imposed upon the use of the subject property, subject to the “Q” Qualified classification.
A. Entitlement Conditions
1. Use. The project shall comply with the use and area provisions of the C4 Zone, pursuant to Los Angeles Municipal Code Section 12.16, except where modified by the conditions herein or related conditions of the subject case entitlements.
2. Site Plan. The use and development of the property shall be in substantial conformance with the site plan and elevation plans labeled “Exhibit-A” stamped and dated October 8, 2009, attached to the subject case file, except as modified by the conditions herein. Prior to the issuance of any permits for the subject project, a detailed site plan, including elevation plans, and floor plans, shall be submitted for review and approval by the Department of City Planning for verification of compliance with the imposed conditions. Minor deviations may be allowed in order to comply with provisions of the Municipal Code, the subject conditions, and the intent of the subject permit authorization.
3. Floor Area. The project floor area ratio (FAR) shall be limited to 4.5:1.
4. Height. The Hotel building (Security Pacific Bank Building) shall be limited to the existing height of 98 feet. The new commercial and parking structure located north of the Security Pacific Bank building shall be limited to a height of 40-feet.
5. Parking. All project related parking shall be provided in compliance with Section 12.21.A.4 of the Municipal Code.
B. Other Conditions
6. Easement Access. The applicant and any subsequent property owners, heirs or assigns, shall maintain a 20-foot private alley and driveway along the northern 20 feet of the property located at 6381 Hollywood Boulevard for the use by the owners of the two adjacent buildings located at 6377-6379 Hollywood Boulevard and 6367-6369 Hollywood Boulevard to the extent required by the non-exclusive easements dated February 11, 1920 and recorded in Book 7119, page 54 of Deeds, and dated October 4, 1912 and recorded in Book 5257, page 233 of Deeds. The applicant and any subsequent property owners, heirs or assigns shall not interfere with the use of the easement area by the adjacent property owners.
C. Environmental Conditions
7. Cultural Resources (Historic Cultural Monument). The project applicant shall retain a qualified historic architect to monitor the design and construction of the proposed project to ensure that it continues to comply with the Secretary of the Interior’s Standards for the Rehabilitation and Guidelines for Rehabilitating Historic Buildings. If requested by the City of Los Angeles Office of Historic Resources (OHR), the historic architect shall prepare a report at the conclusion of the design development or construction document phase of the proposed project analyzing compliance with the Standards, and the report shall be submitted to the OHR.
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The Cultural Heritage Commission shall approve a Retention, Repair, and Restoration Plan for the Walk of Fame (the “Walk of Fame Plan”) with respect to the proposed project. The Walk of Fame Plan shall describe methods to be used to protect the Walk of Fame from damage during construction. The walk of Fame Plan shall include the following provisions: a. The protection of the Walk of Fame from damage during construction. b. Standards for the repair of the Walk of Fame if damage occurs. c. Repair or restoration of the Walk of Fame, if damaged, following the completion of construction. The sidewalk shall be restored to the original Walk of Fame construction specifications. d. The panels with the stars shall either be protected in situ or removed and installed after construction. If they remain in situ, protective material shall provide “cut-outs” or other means that allow pedestrians to view the stars through the material to the extent feasible. If they are removed during construction, they shall be properly stored and reinstalled in existing order after construction. e. Identification of specific construction access points to the project site for trucks and heavy equipment. These access points shall not cross the Walk of Fame or shall provide additional structural protection for the Walk of Fame to avoid potential damage to the extent feasible.
8. Cultural Resources (Archaeological).
a. Prior to excavation and construction on the proposed project site, the prime construction contractor and any subcontractor(s) shall be cautioned on the legal and/or regulatory implications of knowingly destroying cultural resources or removing artifacts, human remains, bottles, and other cultural materials from the proposed project site. b. If during any phase of project construction, any cultural materials are encountered, construction activities within a 50-meter radius of the discovery shall be halted immediately, and the project applicant shall notify the City. A qualified prehistoric archaeologist (as approved by the City) shall be retained by the project applicant and shall be allowed to conduct a more detailed inspection and examination of the exposed cultural materials. During this time, excavation and construction activities could continue in other areas of the proposed project site. c. If any find are determined to be significant by the archaeologist, the City and the archaeologist shall meet to determine the appropriate course of action. d. All cultural materials recovered from the site shall be subject to scientific analysis, professional museum curation, and a report prepared according to current professional standards.
9. Cultural Resources (Paleontological). If any paleontological materials are encountered during the course of project development, the project shall be halted. The services of a paleontologist shall be secured by contacting the Center for Public Paleontology-USC, UCLA, Cal State Los Angeles, Cal State Long Beach, or the Los Angeles County Natural History Museum to assess the resources and evaluate the impact. Copies of the paleontological survey, study, or report shall be submitted to the Los Angeles County Natural History Museum. A covenant and agreement identifying the significant paleontological materials shall be recorded prior to obtaining a grading permit.
If human remains are discovered at the proposed project site during construction, work at the specific construction site at which the remains have been uncovered shall be suspended, and the City of Los Angeles Public Works Department and County Coroner shall be immediately notified. If the remains are determined by the County Coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified
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within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains.
10. Geology and Soils (Seismic). The project shall be designed in accordance with the requirements of the latest edition of the City of Los Angeles Uniform Building Code in effect on the date of filing for plan check review. In addition, the project shall comply with the recommendations listed on pages 8 through 23 and all appendices of the Report of Geotechnical Investigation Proposed Building Conversion and Parking Structure, prepared by MACTEC Engineering and Consulting. June 21, 2007.
11. Geology and Soils (Soil Erosion).
a. The proposed project shall comply with Chapters 29 and 70 of the California Building Code (CBC) and Chapter IX, Division 70 of the Los Angeles Municipal Code to ensure that uncovered or uncompacted soils are managed to prevent movement. b. All unpaved demolition and construction areas shall be wetted at least twice daily during excavation and construction, and temporary dust covers shall be used to reduce dust emissions and meet SCAQMD Rule 403. c. The project applicant or general contractor shall keep the construction area sufficiently damped to control dust caused by construction, hauling and at all times provide reasonable control of dust caused by wind. d. All materials transported off-site shall be either sufficiently watered or securely covered to prevent the generation of excessive amounts of dust and spillage. e. All clearing, earthmoving or excavation activities shall be discontinued during periods of high winds (i.e., greater than 15 mph), so as to prevent excessive amounts of fugitive dust.
12. Hazards and Hazardous Materials .
a. Prior to the issuance of any demolition permit, the applicant shall provide a letter/report to the Department of Building and Safety from a qualified asbestos abatement consultant identifying the location of asbestos containing material (ACM) present in the onsite building. ACM found to be present shall be abated in compliance with the South Coast Air Quality Management District's Rule 1403 as well as all other State and Federal rules and regulations (including, but not limited to California Health and Safety Code, Division 20, Chapter 6.5) prior to demolition of buildings on the project site. b. Prior to the issuance of the demolition permit, the applicant shall provide a letter/report to the Department of Building and Safety from a qualified lead paint abatement consultant identifying the location of lead paint present in the onsite buildings. Lead paint found to be present on buildings to be demolished or renovated shall be abated in compliance with applicable state and federal rules and regulations governing lead paint abatement. c. The applicant shall comply with Cal-OSHA Construction Safety Orders, California Code of Regulations, Title 8, Section 1532.1 and with the California Health and Safety Code, Division 20, Chapter 6.4 for the evaluation, handling and transport of materials containing lead based paints. d. If an underground storage tank is unearthed or related soil contamination is identified during site excavation activities, proper abatement procedures shall be conducted to remove the storage tanks and any contaminated soils according to the Los Angels Fire Department and applicable federal, State and other local regulations.
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e. Prior to the issuance of demolition permits, the applicant shall have the above ground storage tank (AST) located at the project site and soils located underneath the AST assessed to determine whether any soil contamination has occurred. If soil contamination is identified, proper abatement procedures shall be conducted to remove the contaminated soils according to the Los Angeles Fire Department and applicable federal, State and other local regulations. The AST is to remain in place as part of the sire fire suppression system and shall be brought up to currently applicable federal, State and other local codes and regulations. f. Prior to the issuance of demolition permits, the applicant shall identify PCB containing light ballasts in each building throughout the project site. These ballasts shall be recycled through a reputable company to prevent environmental contamination upon renovation, demolition or change out. g. Prior to the issuance of demolition permits, the applicant shall identify all mercury containing fluorescent bulbs used in light fixtures throughout the buildings on the project site. These bulbs shall be recycled through a reputable company to prevent environmental contamination upon renovation, demolition or change out.
13. Hydrology and Water Quality.
a. Appropriate erosion control and drainage devices shall be incorporated to the satisfaction of the Department of Building and Safety, such as interceptor terraces, berms, vee-channels, and inlet and outlet structures, as specified by Sections 91.7013 of the Building Code. b. The project applicant shall prepare and execute a covenant and agreement (Planning Department General Form CP-6770) satisfactory to the Planning Department binding the owners to incorporate structural BMPS’s during the construction of the project in accordance with the Standard Urban Stormwater Mitigation Plan and/or per manufacturer’s instruction. c. All waste shall be disposed of properly. Use appropriately labeled recycling bins to recycle construction materials including: solvents, water based paints, vehicle fluids, broken asphalt and concrete, wood, and vegetation. Non-recyclable materials/ wastes shall be taken to an appropriate landfill. Toxic wastes must be discarded at a licensed regulated disposal site. d. Leaks, drips and spills shall be cleaned up immediately to prevent contaminated soil on paved surfaces that can be washed away into storm drains. e. Pavement shall not be hosed down at material spills. Dry cleanup methods shall be used whenever possible. f. Dumpsters shall be covered and maintained. Place uncovered dumpsters under a roof or cover with tarps or plastic sheeting. g. Where truck traffic is frequent, gravel approaches shall be used to reduce soil compaction and limit the tracking of sediment into streets. h. All vehicle/equipment maintenance, repair, and washing shall be conducted away from storm drains. All major repairs shall be conducted off-site. Drip pans or drip cloths shall be used to catch drips and spills.
14. Stormwater.
a. Project applicants are required to implement stormwater BMPs to treat and infiltrate the runoff from a storm event producing 3/4 inch of rainfall in a 24 hour period. The design of structural BMPs shall be in accordance with the Development Best Management Practices Handbook Part B Planning Activities. A signed certificate from a California licensed civil engineer or licensed architect that the proposed BMPs meet this numerical threshold standard is required.
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b. Post development peak stormwater runoff discharge rates shall not exceed the estimated pre-development rate for developments where the increase peak stormwater discharge rate will result in increased potential for downstream erosion. c. Any connection to the sanitary sewer must have authorization from the Bureau of Sanitation. d. Install Roof runoff systems where site is suitable for installation. Runoff from rooftops is relatively clean, can provide groundwater recharge and reduce excess runoff into storm drains. e. Paint messages that prohibit the dumping of improper materials into the storm drain system adjacent to storm drain inlets. Prefabricated stencils can be obtained from the Dept. of Public Works, Stormwater Management Division. f. All storm drain inlets and catch basins within the project area must be stenciled with prohibitive language (such as NO DUMPING - DRAINS TO OCEAN) and/or graphical icons to discourage illegal dumping. g. Legibility of stencils and signs must be maintained. h. Materials with the potential to contaminate stormwater must be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar stormwater conveyance system; or (2) protected by secondary containment structures such as berms, dikes, or curbs. i. The storage area must be paved and sufficiently impervious to contain leaks and spills. j. The storage area must have a roof or awning to minimize collection of stormwater within the secondary containment area. k. The owner(s) of the property will prepare and execute a covenant and agreement (Planning Department General form CP-6770) satisfactory to the Planning Department binding the owners to post construction maintenance on the structural BMPs in accordance with the Standard Urban Stormwater Mitigation Plan and or per manufacturer's instructions. l. Design an efficient irrigation system to minimize runoff including: drip irrigation for shrubs to limit excessive spray; shutoff devices to prevent irrigation after significant precipitation; and flow reducers.
15. Noise (Construction).
a. The project shall comply with the City of Los Angeles Noise Ordinance Nos. 144,331 and 161,574, and any subsequent ordinances, which prohibit the emission or creation of noise beyond certain levels at adjacent uses unless technically infeasible. b. Construction shall be restricted to the hours of 7:00 AM to 6:00 PM Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. No construction on Sundays. c. Construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously that causes high noise levels.The use of those pieces of construction equipment or construction methods with the greatest peak noise generation potential shall be minimized. Examples include the use of drill rigs and jackhammers. d. Noise and groundborne vibration construction activities whose specific location on the site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idling) shall be conducted as far as possible from the nearest noise and vibration sensitive land uses, and natural and/or manmade barriers (e.g., intervening construction trailers) shall be used to screen propagation of noise from such activities towards these land uses to the maximum extent possible. e. Barriers such as, but not limited to, plywood structures or flexible sound control curtains extending eight feet in height shall be erected around the project site’s
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northern, eastern, and western boundaries to minimize the amount of noise during construction on the nearby noise sensitive land uses located offsite. f. The project contractor shall use power construction equipment with state-of-the-art noise shielding and muffling devices. g. Flexible sound control curtains shall be placed around drilling apparatuses and drill rigs used within the project site to the extent feasible. h. All construction truck traffic shall be restricted to truck routes approved by the City of Los Angeles Department of building and Safety, which shall avoid residential areas and other sensitive receptors to the extent feasible. i. The project shall comply with the City of Los Angeles Building Regulations Ordinance No. 178048 which requires a construction site notice to be provided that includes the following information: job site address, permit number, name and phone number of the contractor and owner or owner’s agent, hours of construction allowed by code or any discretionary approval for the site, and City telephone numbers where violations can be reported. The notice shall be posted and maintained at the construction site prior to the start of construction and displayed in a location that is readily visible to the public. j. Adjacent land uses within 300 feet of the construction site shall be notified about the estimated duration and hours of construction activity at least 30-days before the start of construction.
16. Noise (Operational).
a. The hotel shall comply with the Noise Insulation Standards of Title 24 of the California Code of Regulations, which insure an acceptable interior noise environment. b. The project applicant shall submit evidence to the City’s Department of Building and Safety of a means of sound insulation sufficient to mitigate interior noise levels below CNEL of 45 dBA in any habitable guest room.
17. Noise (Vibration). The operation of construction equipment at the project site that generates high levels of vibration, such as large bulldozers, caisson drills, and loaded haul trucks, shall be prohibited within 12-feet of the two existing off-site commercial buildings located immediately east of the Security Pacific Bank building that front Hollywood Boulevard. As an alternative, the project applicant may retain a certified structural engineer to submit evidence that the vibration generating equipment that would be used during construction activities at the project site would not result in any structural damage to any adjacent structures immediately surrounding the project site.
18. Utilities (Water-Restaurant/Bar/Nightclub/Hotel uses).
a. The project shall install high efficiency toilet (maximum 1.28 gpf), including dual flush water closets and high efficiency urinals (maximum 0.5 gpf), including no flush or waterless urinals, in all restrooms as appropriate. b. The project shall install restroom faucets with a maximum flow rate of 1.5 gallons per minute. c. The project shall install and utilize only restroom faucets of a self closing design. d. The project shall install and utilize high efficiency Energy Star rated dishwashers in the project, if proposed to be provided. If such appliances are to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance. e. Single pass cooling equipment shall be strictly prohibited from use in all areas of the building. Prohibition of such equipment shall be indicated on the building plans and incorporated into tenant lease agreements (single pass cooling refers to the
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use of potable water to extract heat from process equipment, e.g. vacuum pumps, ice machines, by passing water through equipment and discharging the heated water into the sanitary sewer system).
19. Utilities (Solid Waste).
a. Recycling bins shall be provided at appropriate locations to promote recycling of paper, metal, glass, and other recyclable material. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program. b. Prior to the issuance of any demolition or construction permit, the applicant shall provide a copy of the receipt or contract from a waste disposal company providing services to the project, specifying recycled waste service(s), to the satisfaction of the Department of Building and Safety. The demolition and construction contractor(s) shall only contract for waste disposal services with a company that recycles demolition and/or construction-related wastes. c. To facilitate onsite separation and recycling of demolition and construction-related wastes, the contractor(s) shall provide temporary waste separation bins onsite during demolition and construction. These bins shall be emptied and recycled accordingly as a part of the project's regular solid waste disposal program.
D. Administrative Conditions
20. Approval, Verification and Submittals. Copies of any approvals, guarantees or verification of consultations, reviews or approval, plans, etc, as may be required by the subject conditions, shall be provided to the Planning Department for placement in the subject file.
21. Code Compliance. Area, height and use regulations of the zone classification of the subject property shall be complied with, except where herein conditions are more restrictive.
22. Covenant. Prior to the issuance of any permits relative to this matter, an agreement concerning all the information contained in the (Q) conditions shall be recorded in the County Recorder’s Office. The agreement shall run with the land and shall be binding on any subsequent property owners, heirs or assigns. The agreement shall be submitted to the Planning Department for approval before being recorded, after recordation, a copy bearing the Recorder’ number and date shall be provided to the Planning Department for attachment to the file.
23. Definition. Any agencies, public officials or legislation referenced in these conditions shall mean those agencies, public offices, legislation or their successors, designees or amendment to any legislation.
24. Enforcement. Compliance with these conditions and the intent of these conditions shall be to the satisfaction of the Planning Department and any designated agency, or the agency’s successor and in accordance with any stated laws or regulations, or any amendments thereto.
25. Building Plans. Page No. 1 of the grant and all the conditions of approval shall be printed on the building plans submitted to the City Planning Department and the Department of Building and Safety.
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26. Corrective Conditions. 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 City Planning Commission, or the Director pursuant to Section 12.27.1 of the Municipal Code, to impose additional corrective conditions, if, in the Commission’s or Director’s opinion, such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.
27. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
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CONDITIONS FOR EFFECTUATING [T] TENTATIVE CLASSIFICATION REMOVAL
Pursuant to Section 12.32 G of the Municipal Code, the [T] Tentative Classification shall be removed by the recordation of a final parcel or tract map or by posting of guarantees through the B-permit process of the City Engineer to secure the following without expense to the City of Los Angeles, with copies of any approval or guarantees provided to the Department of City Planning for attachment to the subject planning case file.
Dedications and Improvements. Prior to the issuance of any building permits, public improvements and dedications for streets and other rights-of-way adjoining the subject property shall be guaranteed to the satisfaction of the Bureau of Engineering, Department of Transportation, Fire Department (and other responsible City, regional, and Federal government agencies as may be necessary).
Responsibilities/Guarantees.
1. As part of early consultation, plan review, and/or project permit review, the applicant/developer shall contact the responsible agencies to ensure that any necessary dedications and improvements are specifically acknowledged by the applicant/developer.
2. Bureau of Engineering . Prior to the issuance of sign-offs for final site plan approval and/or project permits by the Department of City Planning, the applicant/developer shall provide written verification to the Department of City Planning from the responsible agency acknowledging the agency’s consultation with the applicant/developer. The required dedications and improvements may necessitate redesign of the project. Any changes to the project design required by a public agency shall be documented in writing and submitted for review by the Department of City Planning.
a. Street Dedication .
Hollywood Boulevard (Major Highway - Class II). None at this time
Cahuenga Boulevard (Secondary Highway). None at this time
b. Street Improvement .
Hollywood Boulevard (Major Highway - Class II). None at this time
Cahuenga Boulevard (Secondary Highway). None at this time
c. Street Trees . Install tree wells with root barriers and plant trees satisfactory to the City Engineer and the Urban Forestry Division of the Bureau of Street Services. The applicant shall contact the Street Tree Division of the Bureau fo Street Services for further information (213) 485-5675.
d. No major drainage problems are involved. Roof drainage and surface run0off from the project site shall be collected and treated at the site and directed to the streets via drain systems installed under the sidewalk and through the curb drains connected to the catch basins.
e. Submit shoring plans and lateral support plan to the Central District Office of the Bureau of Engineering Excavation Counter for review and approval prior to excavating adjacent to the public right-of-way (213) 482-7048.
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e. All sewerage Facilities Charges and Bonded Sewer Fees are to be paid prior to obtaining a Building Permit.
f. An investigation by the Bureau of Sanitation may be necessary to determine the capacity of the existing public sewers to accommodate the proposed development. Submit a request to the Sewer Public Counter of the Central District Office of the Bureau of Engineering.
g. Street lighting and street light relocation may be required satisfactory to the Bureau of Street Lighting (213) 847-1551.
3. Department of Transportation . A parking area and driveway plan be submitted to the Citywide Planning Coordination Section of the Department of Transportation for approval prior to submittal of building permit plans for plan check by the Department of Building and Safety. Transportation approvals are conducted at 201 N. Figueroa Street, Suite 400, Station 3. Call (213)482-7024 for an appointment.
4. Fire Department . The applicant/developer shall contact the Hydrant and Access Unit of the Fire Department (213) 482-6506 for an appointment to determine compliance measures required for the project.
Notice: If conditions dictate, connections to the public sewer system may be postponed until adequate capacity is available.
Notice: Certificates of Occupancy for the subject property will not be issued by the City until the construction of all the public improvements (streets, sewers, storm drains, etc.) as required herein, are completed to the satisfaction of the City Engineer.
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CONDITIONAL USE FOR ON-SITE ALCOHOL AND ENTERTAINMENT CONDITIONS OF APPROVAL
1. The permitted hours for the sales, service and consumption of alcoholic beverages shall be as regulated by the California Department of Alcoholic Beverage Control. On all days of operation, sales, service and consumption of alcoholic beverages shall cease at or before 2:00 a.m. within all of the hotel's public venues. In addition, in the event of a third party event, all sales, service or consumption of alcoholic beverages shall cease at or before 2:00 a.m.
2. The hotel shall be permitted to operate 24 hours per day, 7 days per week. The hotel's restaurant, lobby bar area, ground level restaurant, rooftop bar and cafe and basement night club/supper club shall be open to the general public and permitted to operate from 7:00 a.m. to 4:00 a.m. daily, subject to the following conditions: (I) the rooftop pool area shall only be accessible to hotel guests between the hours of 7:00 a.m. and 10:00 a.m. (II) It can be utilized as a smoking area without music until 4:00 a.m. (III) the hotel's restaurant may provide room service to hotel guests at all hours.
3. The hotel's rooftop pool area shall permit access to persons of all ages before 9:00 p.m. After 9:00 p.m., access to the rooftop area shall be restricted to persons over the age of 21. All access to the rooftop pool area after 9 p.m. shall be subject to Condition of Approval No. 42.
4. The hotel's restaurant shall be permitted to allow access to patrons of all ages during all hours of operation. Restaurant patrons seeking alcohol service will have their age verified by restaurant personnel using government issued identification cards. The Applicant may voluntarily restrict access to the restaurant to persons over the age of 21, depending on the needs of the third party events. In such cases, the Applicant shall comply with Condition of Approval No. 43.
5. Any establishment applying for an Alcoholic Beverage Control license shall be given a copy of these conditions prior to executing a lease and these conditions shall be incorporated into the lease. Furthermore, all vendors of alcoholic beverages shall be made aware that violations of these conditions may result in revocation of the privileges of serving alcoholic beverages on the premises.
6. The quarterly gross sales of alcoholic beverages and food shall be consistent with and satisfy the requirements imposed on the Applicant's license by the California Department of Alcoholic Beverage Control.
7. A 24-hour telephone hot line shall be provided to residents and local neighborhood associations for reporting of any complaints. The hotline shall be answered promptly at all times to receive and resolve complaints regarding the operation of the center, including any of its establishments, or violations of the permit.
8. A phone number to a responsible representative of the owner shall be posted at each establishment for the purposes of allowing residents to report an emergency or a complaint about the method of operation of any facility serving alcoholic beverages.
9. The Applicant(s) shall not require an admission charge or cover charge, nor shall there be a requirement to purchase a minimum number of drinks.
10. The Applicant shall provide off-street parking spaces for vehicles used by patrons of the premises consistent with the LAMC requirements.
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11. The subject alcoholic beverage license shall not be exchanged for a public premise type license.
12. The hotel manager(s) shall require proof of identification and age for all registered guests at check-in. Rooms where the registered guest is under twenty-one years of age, or where the age of the guest cannot be determined, shall have their in-room liquor cabinet/mini bar disabled and locked.
13. No enclosed customer booths shall be permitted. If booths exist and are separated by a partition, said booths shall be completely open on at least one side. The existing vaults in the subterranean club space do not qualify as customer booths, and so are not subject to this restriction.
14. Any private rental use of the establishment shall be retained under the control of the Applicant and the lessee shall be provided with a copy of these conditions in order that these will be observed.
15. Entertainment may include a live theater and music, motion picture, video screening, record release and listening parties, band and orchestral rehearsals as well as special events provided these are conducted within the permitted operating hours and provided all necessary Police Commission permits and other required permits have been obtained for such activities and remain valid.
16. The adjacent alleyway shall remain open for emergency access and for any cable and equipment access for any special events to the satisfaction of the Fire Department.
17. The hotel's restaurant shall be maintained as a bona fide eating place with an operational kitchen and shall provide a menu containing an assortment of foods normally offered in such restaurants. Food service shall be available within the restaurant at all times during normal operating hours..
18. The night club shall only operate in the basement area.
19. All public telephones shall be located within the interior of the established structure. No public phones shall be located on the exterior of the premises under the control of the establishment.
20. No employee shall solicit or accept any beverage from any customer while in the premises. No employee or agent shall be permitted to accept money or any other thing of value from a customer for the purpose of sitting or otherwise spending time with customers while in the premises, nor shall the licensee provide, permit or make available, either gratuitously or for compensation, male or female patrons who act as escorts, companions, or guests of and for the customers.
21. There shall be no exterior window signs of any kind or type displaying alcoholic beverages.
22. 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.
23. Signs shall be posted in a prominent location stating that California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age. "No loitering or Public Drinking" signs shall be posted outside the subject facility.
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24. The Applicant will ensure the continued placement of legible signs throughout the structure alerting patrons entering and exiting the structure to keep noise to a minimum, and to be respectful of the property's surrounding neighbors.
25. In connection with catering activities only, and subject to obtaining the appropriate California Department of Alcoholic Beverage Control license, the hotel's restaurant shall be permitted to serve alcohol in connection with off-site catering events. Otherwise, every other portion of the hotel shall be prohibited from the sale of beer, wine and distilled spirits for consumption off the premises.
26. Sales and delivery of alcoholic beverages to customers shall be as regulated by State Law.
27. There shall be no Adult Entertainment of any type pursuant to L.A.M.C. Section 12.70.
28. There shall be no live entertainment of any type, including but not limited to; live music, Disc jockey or Karaoke nights except for the basement night club. Only ambient music is allowed on the rooftop pool area from 10:00 a.m. until 1:00 a.m.
29. No dancing is allowed at the location except for the basement night club.
30. There shall be no coin-operated games or video machines maintained upon the premises at any time.
31. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the Applicant(s) shall be removed or painted over within 24 hours of being applied.
32. There shall be no outside promoters.
33. The Applicant(s) shall be responsible for maintaining free of litter, the area and adjacent to the premises over which they have control.
34. Any music, sound or noise emitted that is under the control of the Applicant(s) shall not violate Section 116.1 of the Los Angeles Municipal Code.
35. The Applicant(s) shall provide off-street parking spaces for vehicles used by patrons of the premises as per the City of Los Angeles Zoning Regulations.
36. During the operation hours of the business, the Applicant(s)shall provide security officer(s) inside the premises and in the parking structure in compliance with a security plan described in Condition of Approval No. 37 below. One additional security officer acting as a supervisor shall be on the premises during these same hours. 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 licensed consistent with State law and Los Angeles Police Commission standards and maintain an active American Red Cross first-aid card. The security personnel shall be dressed in such a manner as to be readily identifiable to patrons and law enforcement personnel.
37. Prior to the issuance of any permits relative to this matter, the Applicant shall submit an overall security plan for the project site which shall be prepared in consultation with the Los Angeles Police Department and which addresses security measures for the protection of residents, visitor, and employees. The project shall include appropriate
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security design features for semi-public and private spaces, which may include, but shall not be limited to: access control to buildings; secured parking facilities; wall s/fences with key security; lobbies, corridors and elevators equipped with electronic surveillance systems; well- illuminated public and semi-public space location of toilet facilities or building entrances in high foot traffic areas. Under the plan approval process, individual security plans for each use may also be considered and required.
38. The Applicant 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.
39. The Applicant will provide and maintain exterior security cameras to monitor the foot and vehicle traffic on Hollywood Blvd and Cahuenga Blvd along with a one-month video library. The videotapes shall be made available to police upon request.
40. The project site managers, individual business owners and employees of all private security officers shall adhere to and enforce the 10 p,m. curfew loitering laws concerning all minors within the grounds of the project site without a parent or adult guardian. Staff shall monitor the area under its control, in an effort to prevent the loitering of persons about the premises.
41. A "Designated Driver Program" shall be operated to provide an alternative driver for restaurant or bar patrons unable to safely operate a motor vehicle.
42. Electronic age verifications device(s) which can be used to determine the age of any individual attempting to purchase alcoholic beverages or tobacco products shall be installed on the premise and at each point-of-sale location. This device(s) shall be maintained in an operational condition and all employees shall be instructed in their use prior to the sale of any alcoholic beverage or tobacco product.
43. Within six months of the date of this determination and within six months of hire, all personnel acting in the-capacity of a manager of the premise and all personnel who serve alcoholic beverages shall attend a Standardized Training for Alcohol Retailers (STAR) session sponsored by the Los Angeles Police Department. All employees who serve alcoholic beverages shall attend follow-up STAR classes every 24 months.
44. The Applicant(s) shall maintain on the premises and present upon request to any law enforcement officer, a copy of the Business Permit, Insurance information and a valid emergency contact phone number for the Valet service(s) and the Security companies used by the Applicant(s).
45. Any future operator or owner for this site must file a new Plan Approval Application or an equivalent to allow the City of Los Angeles to review the "mode and character" of the usage.
46. If at any time during the period of the grant, should documented evidence be submitted showing continued violation(s) of any condition(s) of the grant, resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Zoning Administrator will have the right to require the Applicant(s) to file for a plan approval application together with the associated fees, to hold a public hearing to review the Applicant(s) compliance with and the effectiveness of the conditions of the grant. The Applicant(s) shall submit a summary and supporting documentation of how compliance with each condition of the grant has been attained.
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47. 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 City Planning Department to impose additional corrective conditions, if it is determined by the City Planning Department that such conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.
48. 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 property, except as such regulations are herein specifically varied or required.
49. 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.
50. 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.
51. All graffiti 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.
52. 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.
53. Indemnification. The applicant shall defend, indemnify and hold harmless the City, its agents, officers, or employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this approval which action is brought within the applicable limitation period. The City shall promptly notify the applicant of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim action or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
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FINDINGS
1. General Plan Land Use Designation. The subject property is located within the Hollywood Community Plan, adopted by the City Council on December 13, 1988 (pursuant to Council File 86-0695-S1). The Plan designates the subject property as Regional Center Commercial which corresponds to the C4, C2, P and PB zones. The subject property is currently zoned C4-2D-SN and the zone change request is for [T][Q]C4-2-SN (removal of the “D” Development Limitation which limits the floor area of uses on the site). The Hollywood Community Plan Land Use Plan, Footnote No. 9 limits development intensity to 4.5:1 FAR with a maximum of 6:1 FAR possible through a transfer of development rights and/or City Planning Commission Approval. Provided that additional findings for the removal of the “D” is made and approved, the proposed zone of [T][Q]C4-2-SN is consistent with the Regional Center Commercial land use designation on the plan map and in conformance with the purposes, intent and provisions of the General Plan as reflected in the adopted Hollywood Community Plan. The “SN” attached to the zoning identifies the site as being located in the Hollywood Signage Supplemental Use District which regulates signage in the Hollywood community. The proposed zone change does not affect this designation and will remain as part of the zoning on the site.
2. General Plan Text. The Hollywood Community Plan text includes the following relevant land use objectives, policies and programs:
The proposed project meets the first Objective of the adopted Hollywood Community Plan:
“To coordinate the development of Hollywood with that of other parts of the City of Los Angeles and the metropolitan area.”
“To further the development of Hollywood as a major center of population, employment, retail services, and entertainment; and to perpetuate its image as the international center of the motion picture industry.”
A feature of the Community Plan for commercial land use states that the focal point of the Community is the Hollywood Center, located generally on both sides of Hollywood and Sunset Boulevards between La Brea Avenue and Gower Street. Development that rehabilitates an existing building, especially a historic structure and in turn proposes a new use that will contribute to attracting visitor serving needs meets the objectives of the Hollywood Community Plan.
3. Zone Change and Height District Change Findings. Pursuant to Section 12.32-F, G of the Municipal Code, and based on these findings, the recommended action is deemed consistent with public necessity, convenience, general welfare and good zoning practice.
The proposed zone and height district change is consistent with the General Plan designation on the property. The Hollywood Community Plan designates the property as Regional Center Commercial and refers to the LAMC for specific land uses permitted within this designation. The Regional Center Commercial land use designation allows for the construction of hotel, restaurant and bar, health spa, retail, offices and related parking uses. Pursuant to Footnote 9 of the Hollywood Community Plan, development density on the property is limited to 4.5:1 FAR, with a maximum of 6:1 FAR permitted with approval of the City Planning Commission. Development of the proposed project includes (i) the adaptive reuse of an historic building providing up to 80 hotel guest rooms, a ground level restaurant, subterranean night club, health spa and rooftop bar and pool, and (ii)
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demolition of an existing one story building and construction of a three level commercial and parking structure with ground level retail, subterranean hotel services, upper level hotel offices and three parking levels, which is consistent with the Regional Center Commercial land use designation. The Hollywood Community Plan is currently under review and revision by the City Planning Department. The draft updated Community Plan contemplates modifying the "D" condition to eliminate the 45 foot height restriction and to increase the allowable floor area to 4.5 times the buildable lot area. The proposed project is consistent with the proposed updated Hollywood Community Plan.
The proposed project entails the adaptive reuse and preservation of the historic Security Pacific Bank Building as a hotel. The preservation will include restoration of the elaborate art deco façade with authentic materials to eliminate the existing graffiti and deterioration of the stone. The project will also provide restoration of the interior historic detailing including the ground level bank area and subterranean staircase and vault space. The restoration will upgrade the aging mechanical systems including the passenger elevators, HVAC ducts and systems, fire sprinkler systems, earthquake stabilization and electric conduits. The building is currently used as small offices, which require upgrades for both aesthetic and safety reasons. Preservation of a historic structure for adaptive reuse is consistent with good zoning practice and protection of the general welfare of the potential hotel guests and area residents.
The proposed project also includes the demolition of the one-story structure that includes a Sharkey's restaurant, nightclub and 18 surface parking spaces. The existing building, constructed in 1912, has no original detailing or historic significance. In its place, a two story commercial and parking structure will provide retail space along Cahuenga Boulevard to create a more pedestrian friendly, landscaped streetfront. The structure will also allow a subterranean hotel services space to be accessed via an underground tunnel from the Security Pacific Bank Building in order to remove the laundry, garbage and other services from view. Finally, the new structure will provide sufficient parking for all uses in the historic Bank Building, although not required for an adaptive reuse project. The commercial and parking structure also allow vehicular loading and queuing for the hotel to be located off of Cahuenga Boulevard to reduce any project traffic impacts. The provision of sufficient parking and creation of a walkable, landscaped streetfront are consistent with good zoning practice and preservation of the general welfare.
The requested zone change and height district change are also consistent with the Hollywood Community Plan and the Hollywood Redevelopment Plan, which designate the property as Regional Center Commercial and allow a floor-area ratio of 4.5:1 (and up to 6:1 through approval of an Owner Participation Agreement with the CRA). Further, the proposed project advances several important goals enumerated in the City's Five-Year Implementation Plan for the Hollywood Redevelopment Plan Area. Specifically, the Project advances the goal of promoting the pedestrian-oriented development of Hollywood Boulevard with active uses at the street level.
4. Conditional Use Findings (On-Site Sale of Alcoholic Beverages and Entertainment). In order for a Conditional Use to be granted, all of the legally mandated findings delineated in Section 12.24-W.1 and 18 of the Los Angeles Municipal Code must be made in the affirmative.
a. The proposed location will be desirable to the public convenience or welfare.
The proposed project provides alcohol for on-site consumption as part of services integral and necessary for a successful hotel. Alcohol will be served as part of the hotel room service and will be stocked in the guest room minibar. The project will
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provide a restaurant with food that will be paired with a full alcohol service. A ground floor lounge and rooftop bar will provide alcohol and bar food as part of a relaxed lounge experience. Finally, a subterranean nightclub with live entertainment will serve alcohol during its specific hours of operation.
The project is located on Hollywood Boulevard in the center of the business and entertainment area of the Hollywood community. The restaurant and bar will provide a high end preferable location for lunch, dinner and meeting during the day and evening. The proposed location is convenient, because it is within walking distance of many Hollywood offices and retail areas, and will provide a lacking amenity in the community. The existing restaurant, Sharkeys, and nightclub, Sugar, will be demolished. The location allows valet parking sufficient for the nightclub in the adjacent parking structure. The design permits entrance from the north side of the Bank Building directly from the parking structure in order to minimize any loitering or noise on Hollywood Boulevard. Finally, the nightclub is located in the vault area under the ground level; therefore, the club will not be visible or audible from Hollywood Boulevard. The location of the hotel, restaurant, bar and nightclub within the Hollywood area is desirable for the public welfare, because it will provide property and hotel tax revenue that benefits the larger community, the Business Improvement District, and the Community Redevelopment Area. The proposed project will remove the existing nightclub, which does not have sufficient on-site parking for the use, and will create a new nightclub that provides on-site parking and valet service and is located underneath the existing Bank Building. Therefore, the design and management of the project will minimize any traffic and noise impacts and will provide a venue that respects the community needs.
b. The location is proper in relation to adjacent uses or the development of the community.
The proposed location of the hotel, restaurant, bar and nightclub on Hollywood Boulevard is proper in relation to adjacent uses and the development of the community, because it is located in a major commercial area with significant development that will benefit from a hotel, restaurant and bar. The blocks of Hollywood Boulevard adjacent to the project are in transition and contain primarily small retail stores that cater to tourists. The historic Broadway Building and Equitable Building on Hollywood and Vine were recently renovated as luxury residential condominiums and the historic Taft Building was preserved as an office building. The W Hotel and Legacy condominiums are currently under construction on Hollywood Boulevard and Vine Street and the Blvd 6200 project with over 1,000 rental units and 175,000 square feet of retail is under construction on Hollywood Boulevard east of Argyle Avenue. A few blocks west of the project, the Hollywood and Highland shopping center with the Kodak Theater was renovated to upgrade the retail stores. Finally, the Selma Hotel, a boutique hotel on Selma Avenue near Cahuenga Boulevard was recently approved by the City. Hollywood Boulevard and Sunset Boulevard also contain many entertainment venues in the vicinity, such as the Pantages Theater, the Music Box, the Montalban Theater, the Palladium, and the Arclight. The immediate area and the Hollywood community will benefit from a high end hotel and restaurant that caters to the businesspersons during the day and to the residents, theater patrons, shoppers and visitors during the day and evening. The nightclub is also in proper location to the adjacent uses, because there are no residential uses on the same block, and the nightclub has sufficient on-site parking to minimize and traffic and noise impacts to the community.
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c. The use will not be materially detrimental to the character of the development in the immediate neighborhood.
As described above, the proposed location of the hotel, restaurant, bar and nightclub uses will be consistent with the character of development in the immediate neighborhood. A number of upgraded office uses that cater to the entertainment and other industries are located or proposed in the vicinity, including the Taft Building, the Citizen News Building and office building and the Pantages office tower. Businesspersons will utilize the restaurant and bar for lunch, dinner and socializing. In addition, the hotel will cater to visitors who desire a Hollywood location for proximity to office and entertainment businesses as well as the theaters and other entertainment venues. Finally, the nightclub use is consistent with the many nightclubs along Hollywood Boulevard. Although many existing nightclubs do not provide sufficient parking or noise control and are a nuisance to residential neighbors and surrounding businesses, this proposed nightclub will be a sophisticated establishment that must minimize any noise or traffic impacts in order to provide a five star experience to the hotel guests on the upper levels. Therefore, the hotel, restaurant, bar and nightclub uses will not be materially detrimental to the immediate neighborhood and will provide an example of a luxury entertainment experience.
d. The proposed location will be in harmony with the various elements and objectives of the General Plan.
The project site is located within the Hollywood Community Plan Area. The plan designates the subject site for Regional Commercial land uses with the corresponding C4-2D-SN Zone. The location of a hotel and associated entertainment uses in a Regional Center is consistent with the many goals the Hollywood Community Plan. According to the General plan Framework, Regional Centers are intended to serve as a focal point of regional commerce, identity and activity, and contain a diversity of uses, including corporate and professional offices, residential, retail commercial malls, government buildings, major health facilities, major entertainment and cultural facilities and supporting services. The Hollywood Community Plan text is silent with regards to alcohol sales. In such cases, the decision maker must interpret the intent of the Plan. Given the numerous conditions of approval, and the fact that this request is for alcohol incidental to hotel use, the proposed use can be deemed to be in harmony with the General Plan.
e. The proposed use will not adversely affect the welfare of the pertinent community
The proposed on-site alcohol sales as part of the hotel restaurant and bar/lounge areas is consistent with adjacent uses in that it is located in a highly urbanized setting characterized by a wide mix of retail, commercial, restaurant, theater, parking and multiple-family residential uses. The proposed alcohol service within the hotel will be geared towards hotel guest clientele who are either ordering room service, lounging in the lobby area or rooftop pool area, or at the nightclub on site. The proposed alcohol service in the high end restaurant will be served with food as part of a meal. The alcohol served in the nightclub will be served responsibly and the owner will adhere to limits on noise and will minimize any negative effects of club patrons. As the nightclub is located within a five star hotel, the nightclub use must defer to the needs of the sophisticated guests, and as such will also not create a nuisance for the community. Therefore, the sale of alcohol for on-site consumption will not adversely affect the welfare of the community, because it will be primarily consumed as part of a meal or entertainment experience within the project, and will not be purchased for consumption outside the hotel.
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f. That the granting of the application 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 applicable State laws and to the California Department of Alcoholic Beverage Control’s guidelines for undue concentration; and also giving consideration to the number and proximity of these 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 revocation or nuisance proceedings have been initiated for any use in the area.
The area has been identified as having an over-concentration of alcoholic beverage licenses. The State Alcoholic Beverage Control Board (ABC) website indicates that Census Tract 1902 (the subject Census Tract), which includes a population of 6,177, has issued fifty one existing on-site and seven existing off-site licenses. The allowance for licenses was set at six on-site and four off-site licenses, and as such, the area is deemed to have an over-concentration of licenses if a strict reading is given to ABC guidelines. The present off-site sales licenses are located in the eastern portion of the Tract which includes such major streets as Hollywood Boulevard and Sunset Boulevard. There are numerous on-site licenses within both the Census Tract and within 1,000 feet of the project, but the area includes a large number of restaurants and night clubs which cluster around the intersections of Hollywood and Vine and Sunset and Vine.
Statistics from the Los Angeles Police Department reveal that in the subject Crime Reporting District No. 636 which has jurisdiction over the subject property, a total of 396 Part I crimes and 903 Part II crimes were reported in 2007 (breakdown of crimes are in case file), compared to the citywide average of 256 crimes for the same period. The above figures indicate that the restaurant is located within a high crime reporting district. Arrests for each calendar year may reflect crimes reported in previous years.
Over-concentration can be undue when the addition of a license will negatively impact a neighborhood. Over-concentration is not undue when the approval of a license does not negatively impact an area, but rather such license benefits the public welfare and convenience. Although the census tract is numerically over- concentrated, the project will not adversely affect community welfare because the serving of alcohol in a hotel restaurant, lounge areas, nightclub is a desirable use in an area designated for such.
g. The proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration to the distance of the proposed use from residential buildings, churches, schools, hospitals, public playgrounds and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.
The property is located on Hollywood Boulevard along a major corridor surrounded by other commercial uses, which include a variety of restaurant, bar and entertainment establishments. The project is not located near residentially zoned property, however residential condominium conversions in the Broadway Building and Equitable Building are a few blocks east of the property on Hollywood Boulevard. However, the alcohol sold within the restaurant, room service, bar and nightclub is for on-site consumption in conjunction with either a meal or
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entertainment. The applicant will ensure a safe neighborhood with minimal impact from noise or traffic due to these uses. Therefore, the on-site sale of alcohol and nightclub with live entertainment will not be materially detrimental to the character of the development in the immediate neighborhood.
There are no residentially zoned properties nearby. The conditional use for the sale of alcohol and for live entertainment in the nightclub will not affect residential uses in the adjacent commercial zones, because there are no residences in the immediate vicinity, and the project provides sufficient parking and amenities to minimize any traffic or noise impacts. The conditional use will benefit the hotel guests by providing full service room service, and by allowing the guests the benefit of luxury dining and entertainment within the hotel.
5. Zoning Administrator Adjustment Findings (Setbacks). In order for a Zoning Administrator’s Adjustment to be granted, all of the legally mandated findings delineated in Section 12.28 of the Los Angeles Municipal Code must be made in the affirmative.
a. The granting of an adjustment will not result in development compatible and consistent with surrounding uses.
Granting the proposed adjustment to the yard setback provisions will result in a development compatible and consistent with the surrounding commercial and transit oriented uses. There are no yard setback requirements for a commercial use in a C4 zone. For residential uses in a C4 Zone, side and rear yards at the floor level of the first story used for residential purposes must conform to the setback requirements of the R4 Zone as set forth in LAMC Section 12.11. These requirements are side yard setbacks of five feet for the first two stories and an additional foot of setback for each additional story up to a maximum of fifteen feet. The rear yard requirements are a setback of fifteen feet for the first three stories and an additional foot of setback for each additional story up to a maximum of twenty feet. A hotel use is technically a residential use as defined in the LAMC.
The Security Pacific Bank Building is an existing historic building, and therefore is not required to comply with the setback provisions. The parking for the hotel structure is located in an adjacent parking structure that contains other commercial uses including retail and hotel offices.
The yard adjustment is compatible with the surrounding uses. The project is surrounded by commercial structures with ground level retail. These uses do not have windows adjacent to the property line and do not require light and air for residential uses. In addition, there is no benefit to provide a setback adjacent to a parking structure, because the use itself does not require light and air. The setback area will be difficult to maintain and will cause security concerns, because it will become an empty alley between the structure and the adjacent buildings on the north and east sides. Finally, the north lots are narrow, and the setback would significantly reduce the parking area and eliminate a row of parking on each level. Therefore, requiring a setback would necessitate either a reduction in parking spaces or an increased height of the parking structure. The adjustment to eliminate the side and rear yards for the parking structure is compatible with both the adjacent commercial uses and the adjacent hotel use itself.
b. The granting of an adjustment will not be in conformance with the intent and purpose of the General Plan.
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Granting the proposed adjustment to the yard setback provisions is in conformance with the intent and purpose of the General Plan. The Hollywood Community Plan designates the property as Regional Center Commercial, which allows for hotel, retail, restaurant, bar and nightclub uses. The Housing Element of the General Plan also states that yard setbacks are required for the public's health and safety, such as providing sufficient light and air for residential developments. The project provides sufficient light and air without the required setbacks, because the hotel uses are located within the Bank Building that is surrounded by Hollywood Boulevard and Cahuenga Boulevard on two sides and an easement on the north side. The adjacent buildings to the parking structure do not contain residential uses that would require light and air. Therefore, the intent of the General Plan to promote health and safety is complied with by the project without the need for yard setbacks on the ground level of the subject site.
c. The granting of an adjustment is not in conformance with the spirit and intent of the Planning and Zoning Code of the City. Granting the proposed adjustment to the yard setback provisions for residential uses in a C4 Zone is within the spirit and intent of the Planning and Zoning Code, because the hotel uses are allowed by the Zoning Code in a C4 zone and are located in the adjacent Bank Building and not in the commercial and parking structure. Although the hotel parking is located in the separate structure, the parking use does not necessitate any provision for light and air. In addition, providing usable parking area within the structure is consistent with the intent of the Zoning Code to sufficiently park all uses on-site. If the parking use served only the restaurant, bar and retail space, no setbacks would be required for the commercial uses. The hotel use and ancillary parking and the granting of the adjustment is consistent with the proposed [T][Q]C4-2D-SN zone.
d. There are no adverse impacts from the proposed adjustment or any adverse impacts have been mitigated.
There are no adverse impacts from the proposed adjustment to the yard setback provisions of LAMC Section 12.11, because the parking structure is not adjacent to any residential uses and the parking use itself does not necessitate setbacks for light and air. The hotel guest rooms are located entirely within the adjacent Bank Building, and therefore the setback of the parking structure would not provide any benefit to hotel guests. In addition, there is no community benefit to providing a sliver of vacant space at ground level between a parking garage and the adjacent commercial buildings, and the area would be hard to maintain and to secure. Finally, the adjustment will allow more practical floor plates for a parking layout on the narrow lots and would alleviate the burden of reducing the parking or increasing the height of the parking structure.
e. The site and/or existing improvements does not make strict adherence to zoning regulations impractical or infeasible.
The historic Security Pacific Bank Building is an existing non-conforming building that is not required to comply with the setback requirements. The commercial and parking structure is located on adjacent rear infill lots that are narrow and provide the minimal area for a parking layout, while also allowing the ground level retail space that creates a pedestrian friendly frontage on Cahuenga Boulevard. The yard setbacks would require either the reduction of the parking spaces, an increased height of the parking structure or the elimination of the retail space on Cahuenga Boulevard. Therefore it is impractical and illogical to provide a setback that allows no benefit to
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neighbors or the community, but adversely affects the proposed project by reducing the floor plate for parking
6. Site Plan Review Findings. In order for the site plan review to be granted, all six of the legally mandated findings delineated in Section 16.05-F of the Los Angeles Municipal Code must be made in the affirmative.
a. The project complies with all applicable provisions of this Code and any applicable specific plan.
In accordance with LAMC Section 12.11, the project uses are permitted within the C4 (commercial) and R5 (residential) zones. C4 is a commercial zone which allows hotel uses, and restaurant, bar and nightclub uses. Therefore, the general use of the site for a hotel is consistent with the proposed [T][Q]C4-2D-SN zone.
The proposed project does not strictly comply with the applicable "D" development limitations of the current zoning classification. Accordingly, the applicant seeks a height district change allow the additional floor area consistent with the proposed Hollywood Community Plan update. The applicant also seeks a yard adjustment to reduce the side and rear yards of the commercial and parking structure in order to provide a sufficient floor plate for an efficient parking layout. Finally, the applicant seeks a conditional use permit to allow a nightclub and for the service of alcohol within the hotel, restaurant, bar and nightclub. As conditioned by the “Q” conditions and Conditions of Approval, the proposed project will comply with all other applicable provisions of the Municipal Code.
b. This project is consistent with the General Plan.
The Community Plan is part of the Land Use Element of the Citywide General Plan, and sets forth specific land use requirements and required entitlements for Projects in a District. The Hollywood Community Plan designates the site as Regional Center Commercial and refers to the LAMC for specific land uses permitted within this designation. The Regional Center Commercial land use designation allows for the construction of hotel uses with parking. Development of the project includes construction of up to 80 guest rooms, a restaurant, bar, spa, nightclub and retail space with 120 parking spaces. This type of development is consistent with the Regional Center Commercial land use designation. Therefore, the proposed project is consistent with the applicable land use policies of the Hollywood Community Plan. The Hollywood Community Plan is currently under review and modification by the City Planning Department. The draft revised Community Plan contemplates eliminating the existing "D" condition on the C4 Parcels, eliminating the height requirement and increasing the density on the Property to 4.5:1 (with an increase to 6:1 through and OPA and provisions of community benefits). The project seeks entitlements to increase the FAR on the Property to 4.5:1, which would be consistent with the proposed modification to the Hollywood Community Plan.
c. The project is consistent with any applicable adopted redevelopment plan.
Under the First Amendment to the Hollywood Redevelopment Plan, the land use designations of the Hollywood Redevelopment Plan were updated to conform with the land use designations of the Hollywood Community Plan and a mechanism was established whereby the land use designations of the Hollywood Redevelopment Plan would automatically conform to any future changes in the Hollywood
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Community Plan. Therefore, if the project is consistent with the Community Plan, it is also consistent with the Redevelopment Plan. The proposed project is consistent with the applicable land use policies of the Hollywood Redevelopment Plan, because it addresses the following goals:
(i) the project "promotes a balanced community by meeting the needs of the residential, commercial, industrial, arts and entertainment sectors," because it provides much needed high end hotel uses that caters to the entertainment sectors; and
(ii) the project "promotes the development of Hollywood Boulevard within the Hollywood commercial core as a unique place which reflects Hollywood's position as the entertainment center; . . . contains active retail and entertainment uses at the street level; provides for residential uses; [and] is pedestrian oriented." The Project provides active retail on the ground level on Cahuenga Boulevard. The Project also includes a ground level restaurant and bar that may be accessed through the main bank entrances on Hollywood Boulevard and Cahuenga Boulevard. In addition, the Applicant is preserving the historic facades of the Bank Building and providing potted landscaping to create a walkable, pedestrian oriented experience.
The project is also consistent with the Signage Supplemental Use District, as established by Ordinance 176,172. The ordinance was enacted to acknowledge and promote the continuing contribution of signage to the distinctive aesthetic of Hollywood, as well as to control the blight created by poorly placed, badly designed signs throughout Hollywood. Although not part of this entitlement package, the project contains a signage program, which will potentially provide a blade sign consistent with original signage in historic photographs. The proposed signage will also be consistent with the design criteria of the CRA's amended Sign DFD.
d. The project consists of an arrangement of buildings and structures (including height, bulk and setbacks), off-street parking facilities, loading facilities, loading areas, lighting, landscaping, trash collections and other such pertinent improvements, which is or will be compatible with existing and future development on neighboring properties.
The proposed project consists of pertinent improvements which will be compatible with the existing and future developments on the neighboring properties.
(a) Building Design . The hotel project is located in the historic Bank Building, and will preserve the façade with authentic materials, and provide an interior design consistent with 1920’s. The Project will engage the streetscape along Cahuenga Boulevard and Hollywood Boulevard by providing the hotel bar and restaurant access directly from street level as well as locating retail stores along Cahuenga Boulevard in front of the parking structure. The hotel guests will enter from the north entrance adjacent to the parking drop off to eliminate any queuing on the adjacent streets. The parking structure will be accessed by a single drive from Cahuenga Boulevard, and the hotel will provide valet parking. The project will also provide sufficient ground level lighting and security to ensure a safe street experience.
(b) Parking Facilities . The proposed project will contain approximately 120 parking spaces for the 80 room hotel, restaurant, nightclub, spa and retail spaces. The project will comply with the LAMC parking requirements for these uses. Although an adaptive reuse project does not require parking (if none existed), the hotel will
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provide on-site parking for hotel guests. This parking count ensures that the project requires no street parking for residents or guests on the adjacent busy Hollywood streets. The parking structure is accessed from Cahuenga Boulevard, and so will not impact the traffic flow on Hollywood Boulevard. The parking is located on one subterranean level and three above-ground levels.
(c) Lighting . The project will provide illumination on street level for security. All lighting on the upper levels will be shielded and focused onto the subject site and directed away from the neighboring land uses. Therefore, the project will not result in a substantial amount of light that would adversely affect the day or nighttime views in the project vicinity. The project will include architectural features and facades with a low level of reflectivity.
(e) Landscaping . The project will provide landscaping on the street level and rooftop pool levels. Landscaping will be provided along the street in order to enhance the historic architecture and promote a pleasant experience for pedestrian movement along Cahuenga Boulevard and Hollywood Boulevard. Landscaped open space, as required by LAMC, will be provided in planters and in ground.
(f) Trash Collection Service . The project will provide trash collection on the north side adjacent to the parking garage entrance in order to minimize the effect on traffic. The hotel will utilize refrigerated storage to minimize any nuisance to hotel and restaurant guests.
e. The project incorporates feasible mitigation measures, monitoring measures when necessary, or alternatives identified in the environmental review that would substantially lessen the significant environmental effects of the project, and/or any additional findings as may be required by CEQA.
On August 19, 2009 a Mitigated Negative Declaration Case No. ENV-2008-4002- MND was prepared for the proposed project. All mitigation measures and other requirements have been made a part of this action so that the project, as conditioned, will not have a significant impact on the environment. Other identified potential impacts not mitigated by these conditions are mandatory subject to other existing City ordinances (Sewer Ordinance, Grading Ordinance, Water Conservation Ordinance, Landscape Ordinance, Flood Plain Management Specific Plan, etc.), which are specifically intended to mitigate such impacts on all projects.
7. Environmental. A Mitigated Negative Declaration (ENV-2008-4002-MND) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street.
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PUBLIC HEARING AND COMMUNICATIONS
A public hearing on this matter was held in front of a Hearing Officer at Los Angeles City Hall on Friday, August 14, 2009.
Present . Approximately 17 people attended the public hearing.
The applicant’s representative gave a presentation of the project and the described the requested entitlements. The architect for the project gave a more detailed description of the building and design and plans for renovation.
Eight members from the public spoke.
One person representing an adjacent property owner spoke in opposition to the requests stating that the use of the 20-foot easement by the hotel will impede his client from use of his property and constitutes a taking of his client’s property. The concern is that the hotel use could potentially block access to the adjacent properties use of the shared easement.
One person who resides in the area spoke with general comments about the adequacy of the Mitigated Negative Declaration specifically the Traffic Study. Although he generally supports the project, he does not think the Traffic Study is adequate and more analysis should be considered.
Five speakers who are tenants in the Bank Building spoke with general concerns over the project and its impact on the existing office tenants. Many of the tenants have been in the building for several years and have invested time and money into the business. Relocating from this building to another location may not be convenient and could potentially require relocation to another city. They questioned whether a boutique hotel is really necessary in Hollywood. In addition they expressed on going neglect of the building maintenance by the current owner.
One person representing Hollywood Heritage spoke in support of the project stating that the proposed hotel use would restore a neglected building and contribute to the revitalization of Hollywood.
Communications Received .
Four letters from other city departments have been received including the Department of Transportation (October 27, 2008), Los Angeles Fire Department (November 14, 2008), Bureau of Engineering (March 11, 2009), Los Angeles Police Department (August 6, 2009). Conditions of Approval have been added to incorporate the comments where appropriate.
A letter was received from the Hollywood Chamber of Commerce (April 23, 2009) in support of the project.
The Metropolitan Transit Authority (MTA) submitted a letter (August 13, 2009) with general comments regarding the project and to request that the developer meet with them for coordination when the project is ready for construction.
An e-mail letter (August 19, 2009) was received from a Hollywood resident who also spoke at the public hearing regarding the adequacy (or inadequacy) of the traffic study as part of the Mitigated Negative Declaration.
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A letter from an attorney (August 27, 2009) representing an adjacent property owner who also spoke at hearing was received opposing the project for reasons same reasons stated at the public hearing.