Q page 1 of 6 APPLICATION FOR DETERMINATION OF ~ "PUBLIC CONVENIENCE OR NECESSITY" CP 1s ~ C) c;:;) ...:.:..i ALCOHOL SALES ' I< 0 ::Po . c= ("") :~ CJ Pursuant to Section 23958 and 23858.4 ..... - N I I - California Business and Professions Code (") -.1 r . r - r TO BE SUBMITTED TO CITY CLERK'S OFFICE C) --·, :e - ~ ROOM 395, CITY HALL I 11 ,· ' 6 COUNCIL Fl LE NO. _ ____;:.;.....__§I ______,.;=...-__._.r.- ...... :
l BACKGROUND INFORMATION TIME LIMIT FILE: ------
-I As part of the application, the applicant must submit the names and addresses of property owners of all property adjacent (including across the street/alley) to the subject property on gummed labels. Applicant must also submit the following information: 1) not¥i~ed signature/ 2) a site plan prepared by a map maker"(see Planning Department for map maker's list), @Vbne 4 by 6-inch picture of the property from each side of the site, and 4) a copy of all previous building permits for the site (Room 101, 201 North Figueroa Street). When you meet with ABC to get the crime and license concentration information for your site, you must bring back the ABC informabon (on the ABC form) to the City Clerk.
Project Name CVS PHARMACY
Address 3335 Figueroa, UGY #10, Los Angeles, CA
Type of Business Retail Dmg Store and Pharmacy
Applicant Dan Schultz, MileStone Management Name 1422 S. Allee Street, Suite "C", Anaheim, CA 92805 Address (949) 770-5 7521(949) 770-9917 Phone Number/Fax Number
Property Owner Un iversity Gateway Holdings, LLC; Matthew Burton Name 304 South Broadway, Suite 400, Los Angeles, CA 90013 Address (213) 43 7-0470 Phone·Number/Fax Number
Representative Dan Schultz, MileStone Management Name 1422 S. Allee Street, Suite "C", Amtlliem, CA 92805 Address (949) 770-5752 I (949) 770-9917 Phone Number/Fax Number
A. PROJECT DETAILS
THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS:
1. Has the Citv previously approved a conditional use permit for alcoholic beverage sales at this site? Yes _ _ No_:[_ If Yes, what is the City case number(s) .;
2. Have you recently filed for a new conditional use permit? Yes__!__ No. __ If Yes, provide the City case number(s) ZA-2010-918 (CUB) see attuchetl conditions ofapprova!
3. Has a previous ABC li cense been issued? Yes _ _ _ No ./ . If Yes, when and what type of license. NIA page 2 of 6
4. Type of Alcohol Sales Requested (on- or off-site, beer and wine, full alcohol, etc.): Full line o{liquor includin~: beer, wine cmd distilled spirits (type 21 ABC license) 5. Size of Business: ------14,091 S.F. 6. % of floor space devoted to alcoholic beverages: _3_%______
7. Hours of Operation:
a. What are the proposed hours of operation and which days of the week will the establishment be open? 24 hours, 7 dcuw per week, 365 days per year
b. What are the proposed hours of alcohol sales? as permitted by the ABC or as permitted in CUB
8. Parking:
a. Is parking available on the site? (If so, how many spaces?) Yes, Shared Parking Garage 800+
b. lf spaces are not available on the site, have arrangements been made for off-site parking byleaseorcovenant?_N_IA______
? N/A c. Wh ere.------d. How many off-site spaces? _N_IA______
9. Has the owner or lessee of the subject property been suspended from the sale of alcoholic beverages on the subject property or fined by the Alcoholic Beverage Control Department (ABC) in the last 365 days and if so, for what reasons? Provide ABC case number and a copy of final ABC action. NO
10. Will video game machines or pool or billiard tables be available for use on the subject property andifso,howmany?_N_o______
11. Will you have signs visible on the outside which advertise the availability of alcohol? ______NO
12. How many employees will you have on the site at any given time? _Jo_-_12_p_e_r_sh_ifi=-t______
13. Will all employees who sell alcohol attend the local State ABC training class on how to properly sell alcohol? Yes, and by CVS's intemal Alcohol Sales Training program.
14. What security measures will be taken including:
a. Posting of rules and regulations on the premises to prevent such problems as gambling, loitering, theft, vandalism and truancy. l'ES . . . . age 1umr postmg, etc.. b. Will security guards be provided and if so, when and how many? No
15. Will there be minimum age requirements for patrons? If so, how will this be enforced?
All customers are welcome to CJIS. Patrons under the age of 18 may be a~·ked to revisit the store with a parent or u
legal guanlian. page 3 of6 16. Are there any other alcoholic beverage outlets within a 600-foot radius of the site? Provide names and address of such business and type of business.
Yes, Ca Mart Market- 3003 S. Figueroa; Ettt Street Grill- 3031 S. Figueroa; Bistango Cafe- 3017 S. Figueroa
USC-3500 S. Figueroa; Galen Center-3400 S. Figueroa; Shrine Auditoritmt649 W. Jefferson; UCS-925 Downey]
17. Are there any schools (public or private and including nursery schools) churches or parks within 1,000 feet of your proposed business? Where? (Give Address)
32nd St Elementary School- 822 University & 732 32nd St.; USC-663 N. 34th St. and University Awnue
18. Will the exterior of the site be fenced and locked when not in use?
No this deFelopment froms directly on the property line at the right of IVay. No fence is provided.
19. Will the exterior of the site be illuminated with security lighting bright enough to see patrons from the street? Yes the store wilf be illmnint1tted with wall and parking garage lights
B. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE OFF-SITE SALE OF ALCOHOLIC BEVERAGES IS SOUGHT:
1. Will the gross sate of alcohol exceed the gross sate of food items on a quarterly basis? No the sale ofalchol is an ancillary part afthe huyjuess.
2. Will cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises? Yes, disvosible ctws ttre offered (or retail sales purposes onlv a11d are not intended {Or use to consume liquid~ on-site. 3. Will beer and wine coolers be sold in single cans or will wine be sold in containers less than 1 liter (750 ml)? No beer and wine coolers are soltl in minimum 6 pack containers.
4. Will "fortified" wine (greater than 16% alcohol) be sold? !..!N-"-o------
C. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE ON-SITE SALE OF ALCOHOLIC BEVERAGES IS SOUGHT:
1. · What is the occupancy load as determined by the Fire Department (number of patrons)?
2. What is the proposed seating in all areas? .:..N.::.::!A_:______
3. Is there to be entertainment such as a piano bar, juke box, dancing, live entertainment, movies, etc.? (Specify?)PWI------
4. If a cocktail lounge is to be maintained incidental to a restaurant, the required floor plans must show details of the cocktail lounge and the separation between the dining and lounge facilities.
5. Food Service
a. Will alcohol be sold without a food order? :.:JV::.:!'A_:__-::----:----:------:----:-:------,----- b. Will there be a kitchen on the site as defined in the Los Angeles Municipal Code?.
6. Will discount alcoholic drinks or a "Happy Hour" be offered at any time?
Provide a copy of the proposed menu if food is to be served. page 4 of 6
D. PUBLIC CONVENIENCE AND NECESSITY EVALUATION
The City of Los Angeles is very concerned if a new request to sell alcohol is subject to one of the conditions below. There is a strong likelihood that the City will deny your "public convenience or ·necessity" application if one of the above listed conditions apply to your site. (It is strongly suggested that you contact your Council Office and discuss your project. If the Council Office does not oppose your project, you should then check with your local area pollee vice unit as welt as the Planning Department Public Counter at (213) 482-7077 for the determination of whether the proposed site is within a Specific Plan area, and the Community Redevelopment Agency (CRA) project staff at (213) 977-1682 or 977- 1665, to determine if your site is in a CRA Project Area. If any of the five conditions listed below apply to your site, you should carefully consider if you want to file for a Public Convenience or Necessity finding.
1. The proposed site is in an area with a long-term level of undue concentration of alcoholic beverage outlets.
2. The geographic area is the target of special law enforcement activity, i.e., police task force is working on reducing vice in the area, or eliminating juvenile crime (such as cruising or graffiti) or gang activity.
3. The proposed site is in close proximity to sensitive uses, including schools, parks, churches, youth activities, homeless shelters, mental health or alcohol or drug treatment centers.
4. The geographic area has elevated levels of alcohol-related crimes, including but not limited to: public intoxication, driving under the influence, assault, vandalism, prostitution, drug violations, loitering.
5. The proposed site is located in a Specific Plan or Community Redevelopment Agency Project area which specifically includes a policy to control future alcoholic beverage sales.
E. If the project site is not subject to one of the above criteria, your project will be evaluated by the City Council with consideration given to the following possible benefits and detriments to the community:
1. Possible Benefits
Would the business:
a. Employ local residents (how many) b. Generate taxes (provide estimate) c. Provide unique goods and services (which ones} d. Result in an aesthetic upgrade to the neighborhood (in what exact way) e. Contribute to the tong term economic development (how) f. Provide a beneficial cultural/entertainment outlet (specify)
2. Possible Detrimental Impacts
Is the immediate area in which the license is sought subject to: (Check with your local Police Department area "Senior Lead Officer'')
a. Excessive calls to the Police Department b. Police resources being already strained c. High rates of alcoholism, homelessness, etc. d. Large "youth" (under 21) population
3. With regard to the operation of the proposed business explain:
a. The method of business operation: {large volume of alcohol to food sales, "late" hours (after midnight), high % unskilled (no ABC training class) staff, high %of underage (under 21) staff, etc.)
b. Would the business duplicate a nearby business already in existence? page 5 of6 c. Other non·alcohol sales business options available so alcohol does not have to be sold, e.g., more specialty products, broader range of items like fresh meats or fruits and vegetables, etc.
The City Council will evaluate these factors and make a decision on the overall merits of your request. Therefore, you should answer below as to why you believe· any of these above listed beneficial or detrimental conditions apply to your project and provide any documented proof to support your belief:**
** You may add additional pages to your response if needed. Please utilize numbering system of this form to assist in the review of the responses. page 6 of 6 F. APPLICANT'S AFFIDAVIT
Under penalty of perjury the following declarations are made:
a. The undersigned is the owner or lessee if entire site is leased, or authorized agent of the owner with power of attorney or officers of a corporation (submit proof).
b. The information presented is true and correct to the best of my knowledge .
.lj(pplicant signature
Signature of property owner if tenant or lessee is filling application
**********
State of Cc._ \ \~ V\ ~ Ov County of Los, ~J.Q __ ':\ On ~~" · \0 LDtO before me, k~~ ~ vJn '"U'- ~ Dale 1 Name of Notary Public
personally appeared -.1-~~~.!!..· ~--~::._=---:-:-Name(\b~,..:.sJ \A.-of=- Signe=-*~r(s)~ L!..-~------
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
The Planning Department has a list of private map makers who wi ll prepare the names and addresses for you. This list is available at the public counter, 20 1 North Figueroa Street, 4th Floor, or 6262 Van Nuys Boulevard, Van Nuys. Alternatively, you may obtain a list of such adjoining owners from the City Clerk's Office (Room 730, 201 North Figueroa Street) or from a title company and prepare the labels yourself.
CP-7612 (12/07/05) ,jiCHAEllOGRANDE DEPARTMENT OF C .Ef ZONING ADMINISTRATOR CaTY OF LOS ANGELES CITY PLANNING CALIFORNIA ASSOCI ATf ZONING ADMINISTRATORS S. GAIL GOLDBERG, AICP DIRECTOR R. NICOLAS BROWN SUE CHANG LOURDES GREEN OFFICE OF LINN K. WYATT ZONING ADMINISTRATION MAYA E. ZAITZEVSKY 200 N. SPRING STRHT, 7'" FLOOR Los ANCHES, CA 90012 (213)978-1318 FAX: (213) 978-1334 ANTONIO R. VILLARAIGOSA www.lacity.org/PLN MAYOR
August 11, 2010
Roger Barbosa and Dan Schultz (A)(R) CASE NO ZA 201 0-0918(CUB)(CU) Milestone Management CONDITIONAL USE 1422 South Allee Street, Suite C 3335 South Figueroa Street Anaheim, CA 92805 South Los Angeles Planning Area Zone (T)(Q)C2-20-0 University Gateway Holdings, LLC (0) D.M. 120A201 and 120A203 304 South Broadway, Suite 400 C.D. 8 Los Angeles, CA 90013 CEQA ENV-2010-919-MND Legal Description: FR Lot 32, Dana Tract
Pursuant to Los Angeles Municipal Code Section 12.24-W ,27, I hereby DISMISS:
a Conditional Use to permit less than the 50% window glazing for Commercial Corner developments inasmuch as the applicant withdrew the request,
Pursuantto Los Angeles Municipal Code Section 12.24-W, 1, I hereby APPROVE:
a Conditional Use Permit to allow the sale and dispensing of a full line of alcoholic beverages for off-site consumption in conjunction with a proposed 14,000 square-foot pharmacy in the (T)(Q)C2-2D-O Zone,
Pursuant to Los Angeles Municipal Code Section 1224-W,27, I hereby APPROVE:
a Conditional Use Permit to all the hours of operation of 24 hours daily in lieu of the Commercial Corner limitation of hours of operation to 7:00a.m. to 11:00 p.m.,
upon the following additional terms and conditions:
1. All other use, height and area regulations of the Municipal Code and all other applicable government/regulatory agencies shall be strictly complied with in the development and use of the property, except as such regulations are herein specifically varied or required.
AN EQUAL. EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER CASE NO, ZA 201 0-0918(CUB)(CU) PAGE2
2, The use and development of the property shall be in substantial conformance with the plot plan submitted with the application and marked Exhibit "A", except as may be revised as a result of this action.
3. The authorized use shall be conducted at all times with due regard for the character of the surrounding district, and the right is reserved to the Zoning Administrator to impose additional corrective Conditions, if, in the Administrator's opinion, such Conditions are proven necessary for the protection of persons in the neighborhood or occupants of adjacent property.
4. All 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.
5. A copy of the first page of this grant and all Conditions and/or any subsequent appeal of this grant and its resultant Conditions and/or letters of clarification shall be printed on the building plans submitted to the Zoning Administrator and the Department of Building and Safety for purposes of having a building permit issued.
6. 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.
7. Approved herein is the sale and dispensing of a full-line of alcoholic beverages for off-site consumption in conjunction with the operation of a 14,000 square-foot pharmacy with hours of operation of 24 hours, daily.
8. This grant shall have a life of five years after which the grant entitlement shall become null and void and the applicant shall file for and win approval of a new grant from the Office of Zoning Administration in order to continue the sale of a full-line of alcoholic beverages for off-site consumption.
9, The Conditional Use Permit (CUP) approval shall be subject to a required plan approval, within 24 months of the effective date of this action. The Applicant shall provide the Zoning Administrator a copy within five business days of any violations issued by any City departments or other public jurisdictions relating to such operation's alcohol service. Further, if documented evidence is submitted showing continued violation(s) of any of the following: CUP condition(s) of approval, undue disruption of or interference with the peaceful enjoyment of adjacent neighboring properties and/or alcohol-related enforcement actions from other public jurisdictions, the Zoning Administrator reserves the discretion to hold a public hearing. Such public hearing, held in conjunction with the Plan Approval and payment of associated fees, shall be publicly noticed for the purpose of conducting a public review of the CASE NO. ZA 201 0-0918(CUB)(CU) PAGE 3
Petitioner's compliance with and the effectiveness of the CUP conditions for approval and related enforcement actions. The Petitioner shall, prior to the public hearing, submit detailed documentation as to how compliance with each condition ofthe grant and related enforcement action has or will be attained.
10. 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 Petitioner(s) to file for a plan approval application together with the associated fees, to hold a public hearing to review The Petitioner(s) compliance with and the effectiveness of the conditions of the grant. The Petitioner(s) shall submit a summary and supporting documentation of how compliance with each condition of the grant has been attained.
11. The applicant shall work with LAPD regarding issues of design and camera placement. (Applicant Volunteered)
12. The sale of alcoholic beverages shall be permitted between the hours of 6:00a.m. to midnight (Applicant Volunteered).
13. Sales of alcoholic beverages shall not exceed more than 5% of the floor space (Applicant Volunteered).
14. Alcoholic beverages shall not be sold by single containers and must be sold in manufacturer pre-packaged multi-unit quantities. Beer shall not be sold in units of less than a six-pack (Applicant Volunteered).
15. No wine shall be sold with an alcohol content greater than 15% by volume (Applicant Volunteered).
16. There shall be no sales of loose ice or individual cups or similar containers (Applicant Volunteered).
17. Security cameras shall be installed and situated in the interior and exterior of the store. Video tapes should be retained for at least 30 days.
18. LAPD shall have access to the security cameras and recorded videos on a 24 hour online basis.
19. Petitioner(s) shall place signage accordingly that states ABC prohibits sale of alcoholic beverages to minor.
20. Alcoholic beverages offered for sale at the licensed premises shall be displayed and located in a secure area where it is not accessible to minors. CASE NO. ZA 2010-0918(CUB)(CU) PAGE4
21. Within 14 days of employment (and once every 24 months), all personnel serving or dispensing alcohol, including anyone acting in the capacity of a manager of the premises shall attend CVS's comprehensive training program approved by the ABC before they are permitted to operate the registers.
22. A state-licensed uniformed security guard, who is not the business operator, nor who has any dealing with the operator, shall be on the premises from dusk until dawn which will be one and the same as the security for the overall project, will be provided by the landlord.
23. Electronic age verification 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 at each point-of-sale location. These device(s) shall require an override from a manager to sell alcohol without an I D or to sell to someone with an ID from out of state. Also, the 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 products.
24. UV lights at each register to check for security features on I D's shall also be installed on the premises at each point-of-sale location.
25. Cash registers with ID card readers that would require an override from a manager to sell alcohol without an ID or to sell to someone with an ID from out of state shall be installed.
26. Prior to issuance of any permits relative to this matter, a covenant acknowledging and agreeing to comply with all the terms and conditions established herein shall be recorded in the County Recorder's Office. The agreement (standard master covenant and agreement for CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. This agreement with the conditions attached must be submitted to the Department of City Planning for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided to the Department of City Planning for attachment to the subject case file.
OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES - TIME EXTENSION
All terms and Conditions of the approval shall be fulfilled before the use may be established. The instant authorization is further conditional upon the privileges being utilized within two years after the effective date of approval and, if such privileges are not utilized or substantial physical construction work is not begun within said time and carried on diligently to completion, the authorization shall terminate and become void. A Zoning Administrator may extend the termination date for one additional period not to exceed one year, if a written request on appropriate forms, accompanied by the applicable fee is filed therefore with a public Office of the Department of City Planning setting forth the reasons for said request and a Zoning Administrator determines that good and reasonable cause exists therefore. CASE NO. ZA 201 0-0918(CUB)(CU) PAGE 5
TRANSFERABILITY
This authorization runs with the land. In the event the property is to be sold, leased, rented or occupied by any person or corporation other than yourself, it is incumbent that you advise them regarding the conditions of this grant.
VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR
Section 12.29 of the Los Angeles Municipal Code provides:
"A variance, conditional use, adjustment, public benefit or other quasi-judicial approval, or any conditional approval granted by the Director, pursuant to the authority of this chapter shall become effective upon utilization of any portion of the privilege, and the owner and applicant shall immediately comply with its Conditions. The violation of any valid Condition imposed by the Director, Zoning Administrator, Area Planning Commission, City Planning Commission or City Council in connection with the granting of any action taken pursuant to the authority of this chapter shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this Code."
Every violation of this determination is punishable as a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
APPEAL PERIOD- EFFECTIVE DATE
The applicant's attention is called to the fact that this grant is not a permit or license and that any permits and licenses required by law must be obtained from the proper public agency. Furthermore, if any Condition of this grant is violated or if the same be not complied with, then the applicant or his successor in interest may be prosecuted for violating these Conditions the same as for any violation of the requirements contained in the Municipal Code. The Zoning Administrator's determination in this matter will become effective after August 26,2010, unless an appeal there from is filed with the City Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by the required fee, a copy of the Zoning Administrator's action, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are also available on-line at http://cityplanning.lacity.org. Public offices are located at:
Figueroa Plaza Marvin Braude San Fernando 201 North Figueroa Street, Valley Constituent Service Center 4th Floor 6262 Van Nuys Boulevard, Room 251 Los Angeles, CA 90012 Van Nuys, CA 91401 (213) 482-7077 (818) 374-5050 CASE NO. ZA 201 0-lto 1S(CUB)(CU) PAGE 6
If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 9oth day following the date on which the City's decision became final pursuant to California Code of Civil Procedure Section 1094.6. There may be other time limits, which also affect your ability to seek judicial review.
NOTICE
The applicant is further advised that all subsequent contact with this office regarding this determination must be with the Zoning Administrator who acted on the case. This would include clarification, verification of condition compliance and plans or building permit applications, etc., and shall be accomplished BY APPOINTMENT ONLY, in order to assure that you receive service with a minimum amount of waiting. You should advise any consultant representing you of this requirement as well.
FINDINGS OF FACT
After thorough consideration of the statements contained in the application, the plans submitted therewith, the report by the Department of City Planning Staff thereon, and the statements made at the public hearing on July 28, 2010, all of which are by reference made a part hereof, as well as knowledge of the property and surrounding district, I find that the requirements for authorizing a conditional use permit under the provisions of Section 12.24-W have been established by the following facts:
BACKGROUND
The subject site is located in the South Los Angeles Community Plan and has a Community Commercial land use designation. The lot is general~ flat, rectangular shaped, located at the west side of Figueroa Street, bounded by 32n Street to the north and Jefferson Boulevard to the south. The site is currently developed with University Gateway, a mixed-use student housing with a leasing office and retail tenant spaces on the first floor and 421 student apartment units on floors two through eight. The mixed-use student housing development is not fully occupied. The commercial tenant spaces were vacant, however, future commercial tenant signs were noted during a site visit that include Chase Bank and Yogurtland. The site is located in the Los Angeles State Enterprise Zone, Central City Revitalization Zone, Hoover Redevelopment Project (Expansion Area 2), South Los Angeles Alcohol Sales Specific Plan, North University Park- Exposition Park West Adams Neighborhood Stabilization Overlay (NSO), Downtown Adaptive Reuse Incentive Area, Fire District 2, Methane Zone, Figueroa Corridor Business Improvement District.
The applicant is requesting to allow the sale of a full line of alcohol beverages for off-site consumption within the South Los Angeles Alcohol Sales Specific Plan and a Conditional Use pursuant to LAMC Section 12.24-W ,27 for the extended hours of operation, 24-hour daily (in lieu of 7:00 a.m. to 11:00 p.m.) and a reduction in window glazing from the required 50 percent for the proposed CVS pharmacy. CASE NO. ZA 2010-0918(CUB)(CU) PAGE 7
CVS Pharmacy will occupy a tenant space, located on the first floor along 32nct Street with a corner entrance on Figueroa Street. According to the applicant, CVS is requesting extended hours of operation of 24-hours, however may limit the hours of operation from 6:00a.m. to 2:00a.m. or 6:00a.m. to midnight, daily. The applicant has indicated that the Neighborhood Council may have recommended the limitation of hours until midnight, however no letter or verification was provided. The applicant has also stated that LAPD had no opposition with the proposed project, however a condition letter was not received.
The elevations provide calculations of the proposed square footage of clear and screen glazing for the door and windows. Staff has requested information of the proposed screen glazing and the percentage of glazing with the square footage of the existing windows. No further information has been provided.
Surrounding uses consist of commercial uses to the north across 32nd Street in the [Q]C2-1VL-O Zone, the USC Campus and the Galen Center to the south across Jefferson Boulevard in the [Q]R4-1 and C2-1 L Zones, the Shrine Auditorium and Expo Center to the west in the [Q]C2-1-0 Zone, and automotive sale and services to the east across Figueroa Street in the C2-1 L Zone.
Previous Cases, Affidavits, Permits, and Orders on the Applicant's Property:
Case No. CPC-2006-7446-GPA-ZC-HD-ZV-BL-SPR: On November 9, 2006, the City Planning Commission 1.) Approved and recommended that the City Council adopt a General Plan Amendment to add a footnote to the South Los Angeles Community Plan which permits a change in the Height District designation of a specific site located at the northwest corner of Jefferson Boulevard and Figueroa Street from Height District 1 to Height District 2D; 2.) Approved the (T)(Q) C2-2D-O Zone and recommended that the City Council adopt the ordinance to effect the change of zone, subject to the conditions of approval contained in the Staff Recommendation Report (attached), to allow an FAR of 3.6:1 and the density of the R4 Zone; 3.) Approved and recommended that the City Council adopt a Height District Change from the Height District 1VL limiting the floor area ratio to 1.5:1 arid height to 45 feet, to Height District 20, in order to allow the proposed project's FAR of 3.6:1 and proposed height of 87 feet; 4.) Approved and recommended thatthe City Council adopt the ordinance to remove a discontinuous 10-foot building line imposed by Ordinance No. 69,290 along a portion of the project site's frontage on 32nd Street to allow a zero foot setback; 5.) Approved a Conditional Use Permit to permit the sale of alcoholic beverages for on-site consumption; 6.) Approved a Zone Variance to permit 440 required residential parking spaces to be provided off-site at 3401 South Grand Avenue in lieu of being provided on the site, subject to conditions; 7.) Approved Site Plan Review; and 8.) Recommended that the applicant be advised that time limits for effectuation of a zone in the "T" Tentative or "Q" Qualified classification are specified in Section 12.32.G of the L.A.M.C. Conditions must be satisfied prior to the issuance of building permits and, that the (T) Tentative classification be removed. On April 20, 2007, the City Council adopted the motion and Ordinance.
Ordinance No. 173,809: The Ordinance became effective on April 6, 2001 and requires that residential uses in the C2 Zone shall be restricted to a maximum density allowed in the R3 Zone. A copy of the Ordinance is included in the case file. CASE NO. ZA 201 0-0918(CUB)(CU) PAGES
Previous Cases, Affidavits, Permits, and Orders on Surrounding Properties:
Case No. CPC-2004-1705-CU-CUB-SPR: On June 24, 2004, the City Planning Commission approved a Conditional Use to permit: a) the construction, use and maintenance of a sports arena and athletic pavilion in the C2-1 L Zone; b) to permit the sale or dispensing for consideration of alcoholic beverages for on-site consumption as an incidental use; c) a modification of the height regulations of Height District 1L in order to allow a 100-foot in height sports arena, a 77-foot in height parking structure with a 100-foot high tower, and one 100-foot in height freestanding sign; 2. Approved Site Plan Review, located at 3400 South Figueroa Street.
Case No. ZA 2008-4701 (CUB): On August 7,2009, the Zoning Administrator approved a conditional use to allow the sale and dispensing for consideration of a full line of alcoholic beverages for on-site consumption in conjunction with an existing restaurant, located at 3031 Figueroa Boulevard.
Case No. ZA 91-0180(CUB): On June 28, 1991, the Zoning Administrator approved a conditional use to permit the sale for on-site consumption of a full line of alcoholic within the existing Shrine Auditorium and Exposition Hall, in conjunction with specific events, between the hours of 10:00 a.m. and midnight, seven days a week, located at 649 West Jefferson Boulevard.
The South Los Angeles Plan Map designates the property for Community Commercial land use with the corresponding zones of CR, C2, C4, and RAS3. The property is within the area of the South Los Angeles Alcohol Sales Specific Plan.
Figueroa Street is a Major Highway- Class II with a 99-foot width.
32nd Street is a Collector Street with an 80 foot width.
Jefferson Boulevard is a Major Highway- Class II with a variable width of 100 feet to 112 feet.
Public Hearing
The public hearing was held on July 28, 20i 0 at City Hall. The applicant's representative and Council District 8 staff attended. Ira Handelman, the applicant's representative, made the following comments in support of the request:
• Withdrawing request to deviate from the window glazing requirement • They worked with the Commission, LAPD, and Council District 8 • They have volunteered conditions • A letter of support from the Community Advisory Committee was submitted • The University Gateway project will include 421 apartments and 78,000 square feet of retail • The CVS will be 14,000 square feet CASE NO. ZA 2010-0918(CUB)(CU) PAGE 9
• There is a lack of pharmacies in the area; there are only three within a % mile radius of the site • Alcohol sales will end at midnight • Asking for 24 hour operation • They plan to open from 7:00a.m. to 10:00 p.m. and determine if there is a demand for 24 hour operation • Alcohol sales from 6:00 a.m. to midnight • Great opportunity for a 24-hour store especially with the campus close • Will send the hours for Rite Aid • UV lights will be used to check security features of IDs • Conditions were worked out with Council District 8 and LAPD
Alfred Foster, Area 3 Representative for the Empowerment Congress North Area Neighborhood Development Council, made the following comments in support of the request:
• Necessary to have access to medicine in the neighborhood • South of King Blvd. after 10:00 p.m. is risky • Supports 24 hour operation
Dennis Rodriguez, Council District 8 staff, made the following comments in support of the request:
• There are questions about operating hours • They have worked closely with the applicant and the Community Advisory Committee • They would like a plan approval in two years • They are not opposing any of the requests
Public Comment:
A letter was received from the Empowerment Congress North Area Neighborhood Development Council (NANDC). NANDC appreciates CVS's commitment to hire locally. NANDC is pleased that alcohol sales at this CVS are provided as a convenience to customers rather than the store's focus. They are satisfied that CVS has protocols in place to prevent the sale of alcohol to minors, including underage students who will live in this student housing facility. NAN DC supports this permit request with the condition that alcohol sales are cut off at midnight regardless of store hours.
A letter was received from the Exposition/University Community Advisory Committee (CAC). The CAC supports the permit request with the conditions that CVS agrees to a plan approval within 18 months and agrees to meet with USC's Department of Public Safety and Office of Student Affairs. CASE NO. ZA 2010-0918(CUB){CU) PAGE10
BASIS FOR CONDITIONAL USE PERMITS
A particular type of development is subject to the conditional use process because it has been determined that such use of property should not be permitted by right in a particular zone. All uses requiring a conditional use permit from the Zoning Administrator are located within Section 12.24 of the Los Angeles Municipal Code. In order for the sale of a full line of alcoholic beverages for off-site consumption and commercial corner deviations to be authorized, certain designated findings have to be made. In these cases, there are additional findings in lieu of the four standard findings for most other conditional use categories.
MANDATED FINDINGS
Following (highlighted) is a delineation of the findings and the application of the relevant facts to same:
1. The proposed location will be desirable to the public convenience or welfare.
The subject site is located in the South Los Angeles Community Plan and has a Community Commercial land use designation. The lot is generally flat, rectangular shaped, located at the west side of Figueroa Street, bounded by 32nd Street to the north and Jefferson Boulevard to the south. The site is currently developed with University Gateway, a mixed-use student housing with a leasing office and retail tenant spaces on the first floor and 421 student apartment units on floors two through eight. The mixed-use student housing development is not fully occupied. The commercial tenant spaces are vacant, however, future commercial tenant signs include Chase Bank and Yogurtland.
The applicant is requesting a Conditional Use Permit to allow the sale and dispensing of a full line of alcoholic beverages for off-site consumption in conjunction with a proposed 14,000 square-foot pharmacy and approval of hours of operation from 24 hours daily in lieu of the Commercial Corner requirements limiting hours of operation from 7:00 a.m. to 11:00 p.m. CVS Pharmacy will occupy a tenant space located on the first floor along 32nd Street with a corner entrance on Figueroa Street. The pharmacy will be desirable to the public convenience and welfare as it is near both the University of Southern California and residential uses and is zoned for such. The pharmacy is at a convenient location that residents and students can reach by walking or public transit.
2. The location is proper in relation to adjacent uses or the development of the community.
Surrounding uses consist of commercial uses to the north across 32nd Street in the [Q]C2-1VL-O Zone, the USC Campus and the Galen Center to the south across Jefferson Boulevard in the [Q]R4-1 and C2-1 L Zones, the Shrine Auditorium and Expo Center to the west in the {Q]C2-1-0 Zone, and automotive sale and services to the east across Figueroa Street in the C2-1 L Zone. The CVS Pharmacy is located in a mixed-use commercial and student housing development and is located CASE NO. ZA 201 0-0918(CUB)(CU) PAGE 11
directly across the street from the USC Campus. As proposed, the CVS Pharmacy will serve public convenience and welfare and as sited, the location is compatible with the surrounding community. The liquor sales and display area are only five percent of the store layout sale and is secondary to the pharmacy. The Zoning Administrator has imposed a number of conditions addressing alcohol-related issues will safeguard public welfare and enhance public convenience.
3. The use will not be materially detrimental to the character of the development in the immediate neighborhood.
The proposed sale of alcoholic beverages for off-site consumption in a proposed CVS Pharmacy will not be materially detrimental because the area is primarily characterized by the USC Campus, student housing, auditorium, and automotive uses. The location along Figueroa Street is an appropriate location for a CVS Pharmacy. The primary focus of the store is the pharmacy and not the sale of alcoholic beverages. The applicant in conjunction with the Neighborhood Council and LAPD Vice Unit volunteered numerous conditions of approval which will reduce the impact of the operation of the restaurant.
4. The proposed location will be in harmony with the various elements and objectives of the General Plan.
There are eleven elements of the General Plan. Each of these Elements establishes policies that provide for the regulatory environment in managing the City and for addressing environmental concerns and problems. The majority of the policies derived from these Elements are in the form of Code Requirements of Los Angeles Municipal Code. Except for those entitlements described herein, the project does not propose to deviate from any of the requirements of the Los Angeles Municipal Code. The Land Use Element of the City's General Plan divides the city into 35 Community Plans. The South Los Angeles Community Plan Map designates the property for Community Commercial land use with the corresponding zones of CR, C2, C4, and RAS3. The South Los Angeles Community Plan text is silent with regards to alcohol sales. In such cases, the Zoning Administrator must interpret the intent of the Plan. Given the numerous conditions of approval, and the fact that this request is for the sale of alcohol incidental to a CVS Pharmacy, the proposed use can be deemed to be in harmony with the General Plan.
The proposed request for the sale of a full line of alcohol in conjunction with a CVS Pharmacy is consistent with the intent of the South Los Angeles Community Plan, which aims to increase pedestrian activity. The proposed operation of a CVS Pharmacy meets the following objectives:
Objective 2m1 To conserve and strengthen viable commercial development.
Objective 2-3 To attract uses which strengthen the economic base and expand market opportunities for existing and new businesses. CASE NO. ZA 2010-0918(CUB)(CU) PAGE 12
Objective 2u6 To maintain and increase the commercial employment base for community residents whenever possible.
Given the numerous conditions of approval, and the fact that this request is for alcohol sales incidental to a pharmacy, the proposed use can be deemed to be in harmony with the General Plan.
5. The proposed use will not adversely affect the welfare of the pertinent community
The approval of the conditional use request will not adversely affect the welfare of the community. The subject property is zoned for commercial uses and will be utilized as such with the proposed sale of alcoholic beverages in conjunction with a CVS Pharmacy. The use will not adversely affect the economic welfare of the community because the pharmacy will positively impact the financial health of the property and improve the economic vitality of the area via increases in taxable revenue and local employment. The project will provide much needed economic revitalization to the community. The approval of the conditional use will not adversely affect the welfare of the community.
6. The granting of the application will not result in an undue concentration of premises for the sale or dispensing for consideration of alcoholic beveragesJ 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 alcohoiJ disturbing the peace and disorderly conduct), and whether revocation or nuisance proceedings have been initiated for any use in the area.
According to the State Department of Alcoholic Beverage Control (ABC), there are four off-site licenses and five on-site licenses allocated to Census Tract No. 2247.00 while there is one off-site license and four on-site licenses existing. The applicant is proposing to add one off-site license to this census tract. The approval of an additional license does not negatively impact an area, but rather such license benefits the public welfare and convenience. The census tract is numerically under concentrated and the project will not adversely affect community welfare because the proposed CVS Pharmacy is a desirable use in an area designated for such. At the request ofthe Neighborhood Council, the applicant has volunteered to purchase an existing off-site ABC sales license to prevent over-concentration of licenses in the area. This condition could not be made under the discretion of the Zoning Administrator, however the applicant has met the request of the Neighborhood Council. The applicant has purchased an 'existing ABC license of a supermarket with an off-site license. The supermarket has been burned down and the owners of the market have chosen to not re-build the market, thus allowing the project applicant to purchase an existing license. CASE NO. ZA 2010-0918(CUB)(CU) PAGE13
Statistics from the Los Angeles Police Department reveal that in the subject Crime Reporting District No. 328, which has jurisdiction over the subject property, a total of 331 crimes were reported in 2008, compared to the citywide average of 235 crimes and 282 crimes in the high crime reporting district for the same period. Crime reporting statistics for 2009 are not yet available. The applicant has volunteered numerous conditions, in coordination with the Neighborhood Council and LAPD, related to the service of alcohol that will further reduce any potential crime issues. Despite possible concerns regarding liquor licenses and crime, the subject property is located within a mixed-use development near a campus environment. The location is proper in relation to adjacent uses and the development of the community. Land use in the immediate area is characterized by a wide variety of school uses and a residential population.
7. 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 following sensitive use is located within a 600-foot radius of the project site:
• 32nct Street Elementary School- 822 University Avenue and 732 32nd Street, • University of Southern California (USC) - 633 North 34th Street and 3441 University Avenue, • Multi-family uses in the R Zones.
The applicant worked with LAPD, the Council Office, and the Neighborhood Council to mitigate their concerns about the operation of the proposed project. The surrounding neighborhood has been and continues to be a mixed-use neighborhood with a mixture of the University of Southern California and Galen Center, Shrine Auditorium and Expo Center, commercial, residential, and automotive uses. The applicant understands the character of the neighborhood and is committed to help preserve such character through responsible service of alcohol in conjunction with the operation of the restaurant.
ADDITIONAL REQUIRED FINDINGS
8. The Commercial Corner Development use is consistent with the public welfare and safety.
Findings 1, 2, 3, 5 and 6 of this determination establish that the development would not adversely impact the public welfare and development of the community. The development would not adversely affect neighboring properties and would be subject to a number of conditions intended to mitigate and deter public nuisances and other adverse affects that may be indirectly or directly associated with the sales and handling of alcohol. The hours of alcohol sales have been reduced based on comments by the Neighborhood Council and the Council Office. With the reduction CASE NO. ZA 2010-0918(CUB)(CU) PAGE 14
of hours for alcohol sales and the required conditions of approval, the project will be consistent with public welfare. The CVS Pharmacy is located in University Gateway, a mixed-use commercial and student housing development. CVS Pharmacy will occupy a 14,000 square-foot tenant space, located on the first floor along 32nd Street with a corner entrance on Figueroa Street. The project's design, relative to the environmental setting, is proper in accommodating vehicular and pedestrian access in a safe manner and adequate emergency access is provided. Visibility of the site from the public right-of-way is consistent commercial corner development standards. Therefore, the Commercial Corner Development use is consistent with the public welfare and safety.
9. Access, ingress and egress to the Commercial Corner Development will not constitute a traffic hazard or cause significant traffic congestion or disruption of vehicular circulation on adjacent streets, based on data provided by the City Department of Transportation or by a licensed traffic engineer.
Figueroa Street is classified as a Major Highway and is improved with a 99-foot width. The subject site is located at the west side of Figueroa Street, bounded by 32nd Street to the north and Jefferson Boulevard to the south. The existing building is newly constructed and was approved under Case No. CPC-2006-7446-GPA-ZC HD-ZV-BL-SPR. Access, circulation, and driveway requirements were reviewed and approved by the Department of Transportation as part of the clearance of the CPC case. The CVS Pharmacy will occupy a 14,000 square-foot tenant space, located on the first floor along 32nd Street with a corner entrance on Figueroa Street. The project proposes tenant improvements, with no proposed changes to the existing driveway, parking, and circulation plans. No evidence was brought forth in the public hearing or through written comments conveying concern with regards to the existing access and circulation scheme. Therefore, no new access, ingress and egress are expected to create a traffic hazard or cause significant traffic congestion or disruption of vehicular circulation on adjacent streets.
10. There is not a detrimental concentration of Commercial Corner Developments in the vicinity of the proposed Commercial Corner Development.
Various commercial corner developments are located within the immediate area. However, a majority of those developments have long been established. The CVS Pharmacy will occupy a tenant space of the University Gateway, located at the corner of 32nd Street with a corner entrance on Figueroa Street In examining the physical characteristics of commercial corner development in the immediate area, it has been determined that the project, relative to other commercial corner development in the area, would not substantially alter existing conditions (environment setting) causing adverse impacts to surrounding properties or create circumstances causing public safety concerns relative to traffic, access, and pedestrian safety. Further, no evidence has been presented indicating that such development has had detrimental effects to land uses or public safety within the vicinity. Therefore, in light of the above, evidence of a detrimental concentration of commercial corner developments in the vicinity have not been established relative to the proposed commercial corner development CASE NO. ZA 201 0-0918(CUB)(CU) PAGE15
11 . The Commercial Corner Development is not located in an identified pedestrian oriented, commercial and artcraft, community design overlay, historic preservation overlay, or transit-oriented district, area or zone, or, if the lot or lots are located in the identified district, area, or zone, that the Commercial Corner Development would be consistent with the district, area, or zone.
The subject property is not located in a community design or historic overlay district. Further the subject property is not located in pedestrian oriented district, transit oriented district or artcraft zone.
ADDITIONAL MANDATORY FINDINGS
12. The National Flood Insurance Program rate maps, which are a part of the Flood Hazard Management Specific Plan adopted by the City Council by Ordinance No. 172,081, have been reviewed and it has been determined that this project is located in Zone C, areas of minimal flooding.
13. On June 2, 2010, the Department of City Planning issued Mitigated Negative Declaration No. ENV-201 0-919-MND. This Mitigated Negative Declaration reflects the independent judgment of the lead agency and determined that this project would not have a significant effect upon the environment provided the potential impacts are mitigated to a less than significant level. I hereby adopt that action. The custodian of the documents or other material which constitute the record of proceedings upon which the decision is based are located with the City of Los Angeles, Planning Department located at 200 North Spring Street, Room 750, Los Angeles, California 90012.
I concur with the report prepared by Christina Lee, Planning Staff for the Office of Zoning Administration, on this application and approve same.
Christina Lee City Planning Associate (213) 473-9723
'YV\ ""'-\ 0.. (_. -z~ z,w ~ MAYA E. ZAITZEVSKY Associate Zoning Administrator Direct Telephone No. (213) 978-1416
MEZ:CTL:jjq cc: Councilmember Bernard Parks Eighth District Adjacent Property Owners "FAR.I20S
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UNIVERSITY GATEWAY LLC UNIVERSITY GATEWAY LLC AL MALAIKAH AUDITORIUM em 3330 S FIGUEROA ST 16133 VENTURA BLVD 665 W JEFFERSON BLVD LOS ANGELES CA 91436-3740 ENCINO CA 91436 LOS ANGELES CA 90007-3626 3. 15. 20. C & D SHAMMAS REALTY LLC FELIXLLC UNIVERSITY OF CALIFORNIA 714 W OLYMPIC BLVD #714 3330 S FIGUEROA ST 830 CHILDS WAY #5 LOS ANGELES CA 90015-1439 LOS ANGELES CA 90007-3740 LOS ANGELES CA 90089-0277 LANDMARK RETAIL GROUP : DEPUTY PLANNER : NEIGHBOR COUNCIL: C/0 HOLLY GRZYWACZ C/0 DANIEL SKOLNICK C/0 RACHEL CAP ATA 5850 CANOGA AVE #312 200 N SPRING ST #455 PO BOX 7536 WOODLAND HILLS CA 91367 LOS ANGELES CA 90012 LOS ANGELES CA 90007 REPRESENTATIVE : PREPARED ON: 12115/09 MILESTONE MANAGEMENT UPDA1ED ON: 8112/2010 C/0 DAN SCHULTZ BY:CA1HY MCDERMOTT 1422 S ALLEC ST #C OWNERSHIP USTING SERVICE ANAHEIM CA 92805 DATA SOURCE: ASSESSORS ROLE 8/2010 ·• ~I VAC ------~ I :t: .. ------~ c ZA;-;qrtf- 'l.t/-tJL.. l () DlGlTAL ART I >0 l!i-.2.0. s:Hoov 20 r ~ - .. , . '"''""•· -·· · ·· / ' .·1'1' ~'+1 IC/<. . ! !:; AUTO SALES ;. ~- I 1t- n- /(Jt? w ·'1 1-1~ -<.GIIJ l JCI- /l)'fl,-ZV j :£153: I £'1-llJ/!r ~ 33RO 1C6 \ ~ I. H-S~'f 1 vtHa1~ 1 v v ~ ,7iP t I . . :-~- --...... -r--- -1---- : -/- ', '•/ . .~ ..tf )(Q)C 2-2 00 .··C·T·R 2. ~f~l C2- \ -0 • I , . ,j I , . Slf lD P~G\ ~---t-4-~=...,.,.-~~·v-~-~ I ~ / I JA-1-~cfl.l5. ~~- ~ . C/JG 10~5-JWJ ~11-1153-j 4fl!¥-12t/-~L- ;-.. I -1.;o-zv-e t t;i -~:. lo:o ' ·.q,~~::!ut>~.--.:.·.~: ....;_ ~·:: ~}.:.--·-~ :5;;-':..:.~;f-';.;;::'l·:~;if=•~ I J ~ BLVC ZA; 1-i 'f· o1~ (ot.J Cif!C. fff:, ~ CJ!'tJ 3 6flG SITE: CVS NW CORNER OF FV-JEROA AND 32ND ST PROJECT SITE UNDER CONSID ERA TION IS 1h BLOCK OF FIGUEROA AND ROYAL BETWEEN 32ND ST AND JEFFERSON USES WITHIN 600' OF ENTIRE PROJECT SITE: L STUDENTHOUSING, SINGLE FAMILY ANDMULTIFAMLYRESIDENTIAL 2. NO CHURCHES 3. SCHOOLS: 32Nn ST ELEMENTARY SCHOOL- 822 UNIVERSITY & 732 32Nn ST USC ~663 N 34TH ST & 3441 UNIVERSITY AVE 4. NO HOSPITALS 5. NO PARKS, PUBLIC PLAYGROUNDS OR RECREATIONAL AREAS 6. ALCOHOLIC ESTABLISHMENTS: OFF SITE BEER AND WINE CAL MART MARKET @ 3003 S FIGUEROA ON SITE BEER AND WINE EAT STREET GRILL@ 3031 S FIGUEROA BISTANGO CAFE@ 3017 S FIGUEROA USC@ 3500 S FIGUEROA OFF SITE FULL LINE NONE ON SITE FULL LINE GALEN CENTER@ 3400 S FIGUEROA SHRINE AUDITORIUM @ 649 W JEFFERSON UCS@ 925 DOWNEY AVE ALCOHOL USES BETWEEN 600 -1000' OF ENTIRE PROJECT SITE; OFF SITE BEER AND WINE NONE ON SITE BEER AND WINE PASTA ROMA@ 2827 S FIGUEROA OFF SITE FULL LINE NONE ON SITE FULL LINE RADISON HOTEL @3540 S FIGUEROA 901 BAR AND GRILL@ 2902 S FIGUEROA Prepared on: 12/15/09 using field inspection of 1000' of site and Dept of Alcoholic Beverage Control retail licenses query reports system. California ABC -License Query System - Data Portal Page 1 of 1 California Deparbnent of Alcoholic Beverage Control For the County of LOS ANGELES - (Retail Licenses} and~nsusTract=2247 Report as of 1217/2009 Expir Primary Owner and Mailing License ftatu3ec;;:j ong. Iss. I Business Name II umbe T Date Date I Premises Addr. i Address II;~I 11 ~ 702o ~CT 41 5/21/1996 ~/30/2010 ASHOURPOUR JILA PASTAROMA 1933 L~ HAG HAN I ~~~!:.- I 0<--'{). ~827 S FIGUEROA ST Los ANGELES, cA 90007 0'[1 .J Census Tract: 2247. 20 ~/2211997 PONGSAVAS SONYA ~ALMART .):_. r00010 3003 S FIGUEROA ST 111:;- ':'v,;J LOS ANGELES, CA 90007 ~ &V) 1 Q_ensus Tract: 2247. ~DD 1/28/2005 IBISTANGO CAFE D RIVERA MARIA GICELA ·)'l./ 3017 S FIGUEROA ST 1'-r ~·{\--' D '> , ·;v_ ) ..OS ANGELES, CA 90007 ~DD !.1~41 v·_) / Census Tract: 2247. 4] 465979 ~CT 4.7 17129/2008 6/30/2010 ARAMARK !SHRINE 610 SMITHFIELD ST D1933 cv~' ENTERTAINMENT LLC ~UDITORIUM PITTSBURGH, PA _51 {1:- 649 W JEFFERSON BLVD 15222-2512 ) .,P()t) LOS ANGELES, CA 90007- ~ ~~,t·V 3626 Census Tract: 2247. 5] 465979 fi\CT 68 [7/29/2008 6/3012010 ARAMARK !SHRINE ~10 SMITHFIELD ST 1933 l'- ENTERTAINMENT LLC ~UDITORIUM PITTSBURGH, PA Por'U~ 649 W JEFFERSON BLVD 15222-2512 Los ANGELES, CA 90007- ' 3626 ·~)X\'\/ Census Tract: 2247. 6) 4n5979 ~CT 77 17129/2008 6/30/2010 ~0~A~I..1_.l\RK !SHRINE 610 SMITHFIELD ST 1933 ENTERTAINMENT LLC ~UDITORIUM PITTSBURGH, PA 91~ 649 W JEFFERSON BLVD 15222-2512 Los ANGELES. cA sooo1- ~~~ 3626 Census Tract: 2247. 71 4_65979 ~CT 58 ~/3/2008 6/30/2010 AAMIIARK !SHRINE ~1 0 SMITHFIELD ST 1933 ENTERTAINMENT LLC ~UDITORIUM PITTSBURGH, PA ~ 649 W JEFFERSON BLVD 15222-2512 Los ANGELES. CA 90007- t# 3626 Census Tract 2247. - -- End of Report- - - For a definition of codes, view our glossary http://www .abc.ca.gov /datport/ AHCountyRep.asp 12/7/2009 Calif~BC - License Query System- Data Portal Page 1 of2 TTg Addnsm: {pOD S AGUEROA ST (pOo ANGElES. CA. 90009- 1 California ABC- License Query System~ Data Portal Page 1 of 1 C:~Hwii11iii Dqwulw•l!elfdof ~••=aae Control Fartbe~ofLOS ANGB.FS-~ ~~ aDd Cemms Tad:= 1!ZZI Rlepod as of 1211.1lDD!J &pr P!- r y~ald~es Pnr- l'!iiS ~ AM:. ~ All:l::tss==• California ABC ~ License Query System - Data Portal Page 1 ofl QdEfwllliiDqaiibamentof ~ ~ Control Fm-ll!!e~ofLOSANGH.ES-(Relal ~) aad~Traet=ZMS Repod as of 121112101 Memorandum To: Elaine Weiss From: Jeanette Carvajal Date: 7/14/10 Re: Los Angeles - Alcoholic Beverage License Report Site SWC Figueroa & 32nd Los Angeles, CA 90007 ABC LA Metro District Office Summary Moratorium - No High Crime- Yes Over Concentrated- No Public Convenience or Necessity The premise is located in 2000 Census Tract 2246.00. According to ABC Data the 2000 Census recorded a population of 3862 in Census Tract 2246.00. Los Angeles County has an off sale average of 1 license for every 1595 people, therefore, 2.67, which is rounded up to 3 licenses, are allowed in the census tract. According to ABC Data there is currently 1 off sale licenses issued in Census Tract 2246.00. The local law enforcement agency for North Hollywood does report crime rates pursuant to Sec. 23958.4. According to the crime data reported to the ABC, the proposed premise is located in Crime Reporting District 1135. The average crime per district is 235. Pursuant to Section 23958.4, a high crime district would be any district having more than 282 crimes, which is 120% greater than the average. This Crime Reporting District had a total of 326 crimes reported; therefore the premise is located in a high crime district. Accordingly, a finding of Public Convenience or Necessity will be required for this site based on high crime. Attachments 2000 Census Tract Map List of All Licenses in Census Tract 2246.00 California ABC~ License Query .tem ~Data Portal Page 1 of 1 California Department of Alcoholic Beverage Control For the County of LOS ANGELES - {Off-Sale Licenses) and Census Tract =2246 Report as of 7/14/2010 License Orig.lss. Expir Primary Owner and Business Name Mailing Geo j Numbet IStatus !1L~;;:1 Date Date Premises Addr. I l ddress ICode 'f l~i"4/)_2 fACTIVE 20 14123/2001 3/31/2011 !KOLA HUH INC MAIN STREET 1933 3327 S MAIN ST MARKET LOS ANGELES, CA 90007 Census Tract 2246.00 - - - End of Report ~ -- For a definition of codes, view our cv_: "~~ http://www.abc.ca.gov/datport/AHCountyRep.asp 7/14/2010 StudyArea0353 Scan/US, Inc. .2 a."' :::E e o'i ~~ q .. ~ .. 0~.?2 :iE ~ &. ,:'2 $ ;;; '~ct_St f:i .,.c;-· W 28th St Q.o 1. Project site at SWC of 32nd and Figueroa 2. Project Site and the NWC of Jefferson and Figueroa MileStone Management/CPS 1422 S. Allee Street, Su ite C, CA 92805 ph(949) 770-5752 fax (949) 770-99 17 [email protected] Page 1 of2 Proposed CVS Pharmacy site SWC of 32nd and Figueroa, South LA 3. Project site on Jefferson. 4. Project site of north elevation on 32nd Street MileStone Management/CPS 1422 S. A ll ee Street, Suite C, CA 92805 ph (949) 770-5752 fox (949) 770-9917 [email protected] Page 2 of2 3335 S Figueroa St 1 - 421 Permit#: 07010- 10000- 00080 Plan Check#: B07LA00232 Printed: 08/02/10 03:59PM Event Code: Bldg-New City ofLos Angeles- Department of Building and Safety Issued On: 07/09/2008 Conunercial Last Status: Issued Regular Plan Check APPLICATION FOR BUILDING PERMIT Plan Check AND CERTIFICATE OF OCCUPANCY Status Date: 07/09/2008 l.TRACT BLOCK LOT(s) ~ COUNTY MAP REF# PARCEL ID #(PIN#) 2. ASSESSOR PARCEL# DANA TRACT 18 MR 5-324 120A203 125 5123- 009- 008 DANA TRACT 31 MR 5-324 120A203 147 5123- 009- 011 DANA TRACT 32 2 MR5-324 120A201 70 5123- 009- 026 DANA TRACT 32 3 MR 5-324 120A201 72 5123- 009- 025 DANA TRACT 32 4 MR5-324 120A203 177 5123- 009- 027 DANA TRACT 32 1 MR5-324 120A203 69 5123- 009- 016 3. PARCEL INFORMATION Area Plarming Commission - South Los Angeles Census Tract- 2247.00 Lot Cut Date- PRJOR-06/0111946 LADBS Branch Office - LA District Map - 120A203 Methane Hazard Site - Methane Zone Council District - 8 Energy Zone - 8 Near Source Zone Distance- 6.4 Certified Neighborhood Council- Empowerment Congre Fire District - 2 Near Source Zone Distance- 6.5 Community Plan Area - South Los Angeles Lot Cut Date- 06/04/1921 Thomas Brothers Map Grid- 674-B1 ZONE(S): [Q]C2-l-0 I 4. DOCUMENTS ZI- ZI-1193 Hoover Redevelopment Pro ZA- ZA-2006-7234-ZAI ORD- ORD-171682 CPC- CPC-1983-506-SP Zl- ZI-2344 Auto-Related!JunkYard/Op SPA- South Los Angeles Alcohol Sales ORD- ORD-173809-SAllOO CPC- CPC-1986-447-GPC ZA- ZA-14274 ORD- ORD-162128 ICO- Auto-Related/JunkYard/OpenStor; CPC- CPC-1986-603-GPC ZA- ZA-19138 ORD- ORD-16712!-SA1140 CRA- ZI 73/462/1193 HOOVER CPC- CPC-1996-399-CPR S. CHECKLIST ITEMS Special Inspect- Concrete>2.5ksi Special Inspect- Structural Observation Speciallnspect- Grading:Excav. Below 1:1 Plan Fabricator Reqd- Structural Steel Special Inspect· Impervious Methane Membrane Storm Water- NOI/SWPPP-1 acre and greaterO~ 6. PROPERTY OWNER, TENANT, APPLICANT INFORMATION Ownoc(s); C And D Shanunas Realty Lie 714 Olympic Blvd STE 714 LOS ANGELES CA 90015 C And D Shanunas Realty Lie 714 Olympic Blvd STE 714 LOS ANGELES CA 90015 Tenant: Applicant: (Relationship: Agenr for Ow.ner) Sharon L. Douglas, Ph.D - 2058 N. Mills Ave 507 CLAREMONT, CA91711 (909) 625-7611 7.EXISTil'IG USE PROPOSED USE 8. DESCRIPTION OF WORK (05) Apartment NEW 8 STORY MIXED USE BLDG. (GROUND FLOOR COMMERCIAL WITH (13) Office APARTMENT ABOVE ATTACHED TO 8 STORY PARKING STRUCTURE). (16) Retail COMMERJCAL AREA TO BE SHELL ONLY, ALL INTERJOR REMODEL TO BE UNDER (07) Garage- Private SEPARATE PERMITS 9. # Bldg• on Site & Use: I For inspection requests, call toll-free (888) LA4BUILD (5l4-2845). 1 ~-~~~~~~==;;;::;::;:;::::::::.::;;::::::::======~ Outside LA County, call (213) 482-0000 or request Inspections via 10. APPLICATION l'ROCI!SSING INFORMATION www.Jadbs.org. To speak to a Call Center agent, call311 or BLDG. PC By: . Liping Teng DAS PC By: Wai Lau (866) 4LACITY (452-2489). Outside LA County, call (213) 473-3231. OK for Cashier: Lily Teng Coord. OK: ------! For Cashier's Use Only W/0 #: 71000080 Signature: Date: 11. PROJECT VALUATION & FEE INFORMATION Final Feo Poriod Pemrit Valuation: $100 OOQ_ OQ_Q__~··--··-·.. -~__;P;.,;C:;;....;V.;;a;;;;;lu;;;at;;,;io;;;.;n:;,;:~------1 FINAL TOTAL Bldg-New 3,529,605.89 Arts Dev. Retail Area Permit Fee Subtotal Bldg-New 350,252.00 Arts Dev. Mise Fee 40.00 Energy Surcharge School District Residential Level2 2,737,507.08 Handicapped Access School District Parking Area 11,957.49 Plan Check Subtotal Bldg-New 0.00 School District Commercial Area 38,900.96 Plan Maintenance 300.00 Dwelling Unit Construction Tax 84,200.00 Fire Hydrant Refuse-To-Pay Residential Development Tax 126,300.00 E.Q. Instrumentation 21,000.00 Permit Issuing Fee 0.00 Payment Date: 07/09/08 O.S. Surcharge 7,431.04 Receipt No: LA052294 70 Sys. Surcharge 22,293.12 Amount: $3,529,605.89 Planning Surcharge 21,033.12 Planning Surcharge Mise Fee 5.00 Method: Refer to ACS Arts Development 108,386.08 Sewer Cap ID: Total Bond(s) Due: 2008LA26489 ll. ATTACliMENTS I. Plot Plan *P070101000000080FN* 11 11 13. STRUCTURE INVEi\lORY (Note: Numeric measurement data in t~.t Jormat ~~number I number lmpliei ~'change in numt!rk yaE:ue I total resulti11g [u;·mrric value ) 07010 - 10000- 00080 (P) Floor Area (ZC): +594629 Sqft I 594629 Sqft (P) Eccentric Braced Frame (P) Parking Req'd for Bldg (Auto+Bicycle): + 1184 Stalls (P) Height (BC): +74 Feet 174 Feet (P) Methane Site Design Level I (P) Provided Disabled for Bldg: +26 Stalls I 26 Stalls (P) Height (ZC): +86.75 Feet/ 86.75 Feet (P) A2.1 Occ. Group: +39823 Sqft 139823 Sqft (P) Provided Offsite for Bldg: +440 Stalls I 440 Stalls (P) Length: +554.1 Feet I 554.1 Feet (P) A3 Occ. Group: +8964 Sqft I 8964 Sqft (P) Provided Standard for Bldg: +749 Stalls I 749 Stalls (P) Stories: +8 Stories I 8 Stories (P) B Occ. Group: +6053 Sqft I 6053 Sqft (P) Type l-F.R Construction (P) Width: +271.67 Feet 1271.67 Feet (P) M Occ. Group: +35781 Sqft /35781 Sqft (P} Floor Construction - Concrete Deck (P) Dwelling Unit: +421 Units /421 Units (P) Rl Occ. Group: +510297 Sqft 1510297 Sqft (P) Floor Construction - Concrete Slab on Grade (P) NFPA-13 Fire Sprinklers Thru-out (P) S3 Occ. Group: + 290450 Sqft 1290450 Sqft (P} Foundation- Continuous Footing (P} Sprvsd. Fire Sprinklers Thru-out per 1114.82.1 (P) A2.1 Occ. Load: +2655 Max Occ./2655 Max Occ. (P} Foundation - Spread (Pad) Footing (P} Concrete Shearwall (P} A3 Occ. Load: +598 Max Occ. I 598 Max Occ. (P) Roof Construction- Concrete Deck l4, APPLICATJON COMMENTS **Approved Seismic Gas Shut-OffValve maybe required. ** NOI number 4 19C351542 . . 115. Building Relocated From . l6. CONTRACTOR, ARCHITECT, & ENGINEER NAME ADDRESS CLASS LICENSE# (A) Smith, Timothy James 44 West Green Street, Pasadena, CA 91105 C7186 (C) Clark Construction Group California Lp 7500 Old Georgetown Road, Bethesda, MD 20814 B 839892 (E) Tanouye, Russell 1001 South Oakland Ave, Pasadena, CA 91!06 S2850