ESTINEH MAILIAN EXECUTIVE OFFICES CHIEF ZONING ADMINISTRATOR City of Los Angeles 200 N. SPRING STREET, ROOM 525 CALIFORNIA LOS ANGELES, CA 90012-4801 ASSOCIATE ZONING ADMINISTRATORS (213) 978-1271 JACK CHIANG HENRY CHU ,-ToS VINCENT P. BERTONI, AICP JONATHAN HERSHEY S m\ DIRECTOR THEODORE L. IRVING *7 KEVIN J. KELLER, AICP FRANKLIN N. QUON II yj. EXECUTIVE OFFICER CHARLES J. RAUSCH JR. BPJ FERNANDO TOVAR MnW' SHANA M.M. BONSTIN CHRISTINA TOY-LEE DEPUTY DIRECTOR DAVID S. WEINTRAUB eric garcetti ARTHI L. VARMA, AICP mayor DEPUTY DIRECTOR

LISA M. WEBBER, AICP DEPUTY DIRECTOR

VACANT DEPUTY DIRECTOR

October 14, 2020

Rahul Kumar (A) CASE NO. ZA-2020-1556-CUB South Park Pharmacy & Market Place CONDITIONAL USE 1120 S. Grand Ave., Suite 103 1120 South Grand Avenue, Suite 103 Los Angeles, CA 90015 Central City Planning Area Zone : [Q] R5-4D-O DTLA South Park Properties C.D. 14 - Vacant PropCo II LLC (O) D.M. 126A207 60 1150 S. Olive St. CEQA ENV-2020-1557-CE Los Angeles, CA 90015 Legal Description: Lot(s) 11-18, Subdivision of Block 78 Ord’s Kevin Hufford (R) Survey ABC Liquor Consultants 1528 6th St., #511 Santa Monica, CA 90401

Pursuant to CEQA Guidelines Section 15061, I hereby DETERMINE:

based on the whole of the administrative record, that the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15301, and there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies; and,

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

a Conditional Use Permit to allow the sale and dispensing of a beer and wine for on-site and off-site consumption in conjunction with a new pharmacy, cafe, and market establishment in the [Q]R5 Zone,

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.

2. The use and development of the property shall be in substantial conformance with the plot plan and floor plan submitted with the application and marked Exhibit "A", except as may be revised as a result of this action. CASE NO. ZA-2020-1556-CUB PAGE 2

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 Zoning 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 Department of City Planning and the Department of Building and Safety for purposes of having a building permit issued at any time during the term of this grant.

6. Prior to the effectuation of this grant, 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 form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the Department of City Planning for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided for inclusion in case file.

7. Authorized herein is the sale and dispensing of beer and wine for on-site and off-site consumption in conjunction with a new 4,061 square-foot pharmacy, cafe, and market establishment with a 440 square-foot uncovered patio. The grant shall be subjected to the following limitations:

a. The hours of operation for the overall use shall be limited to 8:00 a.m. to 12:00 a.m., daily. The hours of operation for exterior seating shall be limited to 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and 8:00 a.m. to 11:00 p.m. on Friday and Saturday.

b. Interior seating shall be limited to a maximum of 10 seats. The number of seats shall not exceed the maximum allowable occupant load as determined by the Department of Building and Safety. Maximum occupancy shall be as determined by the Department of Building and Safety.

c. Exterior seating shall be limited to a maximum of 10 seats. The final number of seats and their location may be modified by the Department of Building and Safety in order to provide accessibility and required clearances from existing structures.

8. No after-hour use is permitted, except routine clean-up. This includes, but is not limited to, private or promotional events, special events, excluding any activities which are issued film permits by the City.

9. The establishment shall be maintained as a bona fide eating place (restaurant) with an operational kitchen and shall provide a menu containing an assortment of foods normally offered in restaurants. Food service shall be available at all times during operating hours. The establishment shall provide seating and dispense food and refreshments primarily for consumption on the premises and not solely for the purpose of food takeout or delivery.

10. No conditional use for dancing has been requested or approved herein. Dancing is prohibited. CASE NO. ZA-2020-1556-CUB PAGE 3

11. The establishment shall not be leased or contracted out to third party promoters that will require cover charge or prepayment for admission to the establishment for uses such as or similar to rave parties, electronic music parties, or record release parties advertised and open to the general public.

12. Private Events. Any use of the restaurant for private events, including corporate events, birthday parties, anniversary parties, weddings or other private events which are not open to the general public, shall be subject to all the same provisions and hours of operation stated herein.

13. Parking shall be provided in compliance with the Municipal Code and to the satisfaction of the Department of Building and Safety. No variance from the parking requirements has been requested or granted herein.

14. Coin operated game machines, pool tables or similar game activities or equipment shall not be permitted. Official California State lottery games and machines are allowed.

15. There shall be no Adult Entertainment of any type pursuant to Los Angeles Municipal Code Section 12.70.

16. Entertainment in conjunction with the restaurant is limited to ambience music to compliment the dining experience, and shall be limited to background music at a low volume such that it is not audible beyond the area under the control of the applicant. No live entertainment of any type including but not limited to live music, karaoke, or disc jockey shall be permitted.

17. No speakers or amplified music is permitted in the outdoor seating area.

18. Any music, sound or noise including amplified or acoustic music which is under control of the applicant shall not violate Sections 112.06 or 116.01 of the Los Angeles Municipal Code (Citywide Noise Ordinance) and shall not be audible beyond the subject premises. At any time during the term of the grant a City inspector may visit the site during operating hours to measure the noise levels using a calibrated decibel/sound level meter. If, upon inspection, it is found that the noise level exceeds those allowed by the Citywide Noise Ordinance, the owner/operator will be notified and will be required to modify or, eliminate the source of the noise or retain an acoustical engineer to recommend, design and implement noise control measures within the property such as, noise barriers, sound absorbers or buffer zones.

19. A camera surveillance system shall be installed at all times to monitor the interior, entrance, exits and exterior areas, in front of and around the premises. Recorded tapes/images shall be maintained for a minimum period of 30 days and are intended for use by the Los Angeles Police Department.

20. No enclosed room, other than restrooms, intended for use by patrons or customers shall be permitted.

21. All exterior portions of the site shall be adequately illuminated in the evening so as to make discernible the faces and clothing of persons utilizing the space. Lighting shall be directed onto the site without being disruptive to persons on adjacent properties.

22. The applicant shall be responsible for maintaining free of debris or litter the area adjacent to the premises over which they have control, including the sidewalk in front of the establishment. CASE NO. ZA-2020-1556-CUB PAGE 4

23. The exterior windows and glass doors of the location shall be maintained substantially free of signs and other materials from the ground to at least six (6) feet in height above the ground so as to permit surveillance into the location by Police and private security. Notwithstanding this condition, exterior windows and glass doors of the location may be covered by sheer roll­ up shades or other mechanisms to shield the patrons from excessive glare of the sun, if necessary.

24. Complaint Log. Prior to the utilization of this grant, a phone number and an email address shall be provided for complaints or concerns from the community regarding the operation. The phone number and email address shall be posted at the following locations:

a. Entry, visible to pedestrians.

b. Customer service desk, front desk or near the cash registers.

The applicant shall maintain a log of all calls and emails, detailing: (1) date complaint received; (2) nature of complaint, and (3) the manner in which the complaint was resolved. This log shall be made available to law enforcement personnel upon request and presented as part of the application if and when a new application to continue the operation is submitted to the Department of City Planning. Complaints shall be responded to within 24 hours.

25. STAR/LEAD/RBS Training. Within the first six months of operation or effectuation of the grant, all employees involved with the sale of alcohol shall enroll in the Los Angeles Police Department “Standardized Training for Alcohol Retailers” (STAR) or Department of Alcoholic Beverage Control “Licensee Education on Alcohol and Drugs” (LEAD) training program or the Responsible Beverage Service (RBS) Training Program. Upon completion of such training, the applicant shall request the Police Department or Department of Alcohol Beverage Control to issue a letter identifying which employees completed the training. STAR or LEAD or RBS training shall be conducted for all new hires within three (3) months of their employment.

26. An electronic age verification device shall be retained on the premises to determine the age of any individual and shall be installed on at each point-of-sales location. This device shall be maintained in operational condition and all employees shall be instructed in its use.

27. The applicant shall be responsible for monitoring both patron and employee conduct on the premises and within the parking areas under his/her control to assure behavior that does not adversely affect or detract from the quality of life for adjoining residents, property owners, and businesses.

28. Loitering is prohibited on or around these premises or the area under the control of the applicant. “No Loitering or Public Drinking” signs shall be posted in and outside of the subject facility

29. At least one on-duty manager with authority over the activities within the facility shall be on the premises at all times that the facility is open for business. The on-duty manager’s responsibilities shall include the monitoring of the premises to ensure compliance with all applicable State laws, Municipal Code requirements and the conditions imposed by the Department of Alcoholic Beverage Control (ABC) and the conditional use herein. Every effort shall be undertaken in managing the facility to discourage illegal and criminal activity on the subject premises and any exterior area over which the building owner exercises control, in effort to ensure that no activities associated with such problems as narcotics sales, use or possession, gambling, prostitution, loitering, theft, vandalism or truancy occur. CASE NO. ZA-2020-1556-CUB PAGE 5

30. A copy of the conditions of this letter of determination, business permit and insurance information shall be retained on the premises at all times and produced upon request by the Police Department, the Department of Building and Safety or the State Department of Alcoholic Beverage Control. All employees working at the establishment shall be knowledgeable of these conditions and shall sign a document acknowledging receipt of these conditions.

31. Smoking tobacco or any non-tobacco substance including from electronic smoking devices is prohibited in or within 10 feet of any outdoor dining/entrance to the restaurant in accordance with Los Angeles Municipal Code Section 41.50 B2C. This prohibition applies to all outdoor areas of the establishment if the outdoor area is used in conjunction with food service and/or the consumption, dispensing or sale of alcoholic or non-alcoholic beverages.

32. The applicant shall comply with California Labor Code Section 6404.5(b) which prohibits the smoking of tobacco or any non-tobacco substance, including from electronic smoking devices, within any place of employment. The applicant shall not possess ashtrays or other receptacles used for the purpose of collecting trash or cigarettes/cigar butts within the interior of the subject establishment.

33. “No Smoking” signs shall be posted in English and in the predominant language of the facility’s clientele, if different, at the front entrance and at any other entrance utilized by the public.

34. A barrier having a minimum height of 4 feet shall be erected around the outdoor seating area, separating it from pedestrian traffic.

ADMINISTRATIVE CONDITIONS

35. MViP - Monitoring Verification and Inspection Program. Prior to the effectuation of this grant, fees required per LAMC Section 19.01-E, 3 for Monitoring of Conditional Use Permits, Inspection, and Field Compliance Review of Operations shall be paid to the City.

a. Within 24 months from the beginning of operations or issuance of a Certificate of Occupancy, a City inspector will conduct a site visit to assess compliance with, or violations of, any of the conditions of this grant. Observations and results of said inspection will be documented and included in the administrative file.

b. The owner and operator shall be notified of the deficiency or violation and required to correct or eliminate the deficiency or violation. Multiple or continued documented violations or Orders to Comply issued by the Department of Building and Safety which are not addressed within the time prescribed, may result in additional corrective conditions imposed by the Zoning Administrator.

36. Should there be a change in the ownership and/or the operator of the business, the property owner and the business owner or operator shall provide the prospective new property owner and the business owner/operator with a copy of the conditions of this action prior to the legal acquisition of the property and/or the business. Evidence that a copy of this determination including the conditions required here with has been provided to the prospective owner/operator shall be submitted to the Department of City Planning in a letter from the new operator indicating the date that the new operator/management began and attesting to the receipt of this approval and its conditions. The new operator shall submit this letter to the Department of City Planning within 30-days of the beginning day of his/her new operation of the establishment along with any proposed modifications to the existing the floor plan, seating arrangement or number of seats of the new operation. CASE NO. ZA-2020-1556-CUB PAGE 6

37. The Zoning Administrator reserves the right to require that the new owner or operator file a Plan Approval application, if it is determined that the new operation is not in substantial conformance with the approved floor plan, or the operation has changed in mode or character from the original approval, or if documented evidence be submitted showing a continued violation(s) of any condition(s) of this grant resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties. The application, in association with the appropriate fees, and a 500-foot notification radius, shall be submitted to the Department of City Planning within 30 days of the date of legal acquisition by the new owner or operator. The purpose of the plan approval will be to review the operation of the premise and establish conditions applicable to the use as conducted by the new owner or operator, consistent with the intent of the Conditions of this grant. Upon this review, the Zoning Administrator may modify, add or delete conditions, and if warranted, reserves the right to conduct this public hearing for nuisance abatement/revocation purposes.

38. INDEMNIFICATION AND REIMBURSEMENT OF LITIGATION COSTS.

Applicant shall do all of the following:

a. Defend, indemnify and hold harmless the City from any and all actions against the City relating to or arising out of, in whole or in part, the City’s processing and approval of this entitlement, including but not limited to, an action to attack, challenge, set aside, void, or otherwise modify or annul the approval of the entitlement, the environmental review of the entitlement, or the approval of subsequent permit decisions, or to claim personal property damage, including from inverse condemnation or any other constitutional claim.

b. Reimburse the City for any and all costs incurred in defense of an action related to or arising out of, in whole or in part, the City’s processing and approval of the entitlement, including but not limited to payment of all court costs and attorney’s fees, costs of any judgments or awards against the City (including an award of attorney’s fees), damages, and/or settlement costs.

c. Submit an initial deposit for the City’s litigation costs to the City within 10 days’ notice of the City tendering defense to the Applicant and requesting a deposit. The initial deposit shall be in an amount set by the City Attorney’s Office, in its sole discretion, based on the nature and scope of action, but in no event shall the initial deposit be less than $50,000. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b).

d. Submit supplemental deposits upon notice by the City. Supplemental deposits may be required in an increased amount from the initial deposit if found necessary by the City to protect the City’s interests. The City’s failure to notice or collect the deposit does not relieve the Applicant from responsibility to reimburse the City pursuant to the requirement in paragraph (b).

e. If the City determines it necessary to protect the City’s interest, execute an indemnity and reimbursement agreement with the City under terms consistent with the requirements of this condition.

The City shall notify the applicant within a reasonable period of time of its receipt of any action and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or proceeding in a reasonable time, or if the City fails to reasonably cooperate in the CASE NO. ZA-2020-1556-CUB PAGE 7

defense, the applicant shall not thereafter be responsible to defend, indemnify or hold harmless the City.

The City shall have the sole right to choose its counsel, including the City Attorney’s office or outside counsel. At its sole discretion, the City may participate at its own expense in the defense of any action, but such participation shall not relieve the applicant of any obligation imposed by this condition. In the event the Applicant fails to comply with this condition, in whole or in part, the City may withdraw its defense of the action, void its approval of the entitlement, or take any other action. The City retains the right to make all decisions with respect to its representations in any legal proceeding, including its inherent right to abandon or settle litigation.

For purposes of this condition, the following definitions apply:

“City” shall be defined to include the City, its agents, officers, boards, commissions, committees, employees, and volunteers.

“Action” shall be defined to include suits, proceedings (including those held under alternative dispute resolution procedures), claims, or lawsuits. Actions include actions, as defined herein, alleging failure to comply with any federal, state or local law.

Nothing in the definitions included in this paragraph are intended to limit the rights of the City or the obligations of the Applicant otherwise created by this condition.

OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES

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 three 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.

TRANSFERABILITY

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

VIOLATIONS OF THESE 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 CASE NO. ZA-2020-1556-CUB PAGE 8 fine of not more than $2,500 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 OCTOBER 29, 2020, unless an appeal therefrom 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 available on-line at http://planning.lacity.org. Public offices are located at:

Downtown San Fernando Valley West Los Angeles Figueroa Plaza Marvin Braude San Fernando West Los Angeles Development 201 North Figueroa Street, 4th Floor Valley Constituent Service Center Services Center Los Angeles, CA 90012 6262 Van Nuys Boulevard, Room 251 1828 Sawtelle Boulevard, (213) 482-7077 Van Nuys, CA 91401 2nd Floor (818) 374-5050 Los Angeles, CA 90025 (310) 231-2598

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 90th 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 subsequent contact regarding this determination must be with the staff assigned to this 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, and the statements made at the public hearing on August 26, 2020 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 approval under the provisions of Sections 12.24-W have been established by the following facts:

BACKGROUND

The subject property is a level, rectangular-shaped, 73,655 square-foot parcel of land located in the South Park District of Downtown Los Angeles. The property has a frontage of 320 feet along Grand Avenue and 156 feet along 12th Street. The subject site has been developed into new mixed-use commercial-residential building known as “AVEN Apartments”. The subject pharmacy, cafe, and CASE NO. ZA-2020-1556-CUB PAGE 9 market (South Park Pharmacy & Market Place) is located on the ground-floor level of the building fronting Grand Avenue.

The property is zoned [Q] R5-4D-O with a land use designation of High Density Residential within the Central City Community Plan. The property is located within the City Center Redevelopment Plan Area (ZI-2488), Los Angeles State Enterprise Zone (ZI-2374), Greater Downtown Housing Incentive Area (ZI-2385), and Transit Priority Area (ZA-2452). The project site is also located in an Urban Agriculture Incentive Zone, Fire District No. 1, a Methane Zone, and is within the Puente Hills Blind Thrust fault zone.

The subject project, “South Park Pharmacy & Market Place”, will be part of a new 38-story commercial-residential development called the “AVEN Apartments” featuring commercial tenants on the ground-floor and residential dwellings units located above street level. The project will serve as a market, cafe, and pharmacy for the residents of “AVEN Apartments” as well as for the local community. Although the market and pharmacy portion of the establishment will be connected to the cafe, both operations will have its own check out station.

Automobile parking will be shared with the other tenants of “Aven Apartments” and will be accessible from 12th Street and Grand Avenue. As a mixed-use development with both residential and commercial tenants, parking stalls are allocated separately between the two tenant types is designated per tenant type. Retail parking will be located on the ground-floor while residential parking will be located on the subterranean floors. A total of 4 parking stalls will be dedicated to the project.

The applicant has requested a Conditional Use Permit to allow the sale and dispensing of beer and wine for on-site and off-site consumption, in conjunction with a new 4,061 square-foot pharmacy, cafe, and market with a 440 square-foot outdoor patio. The establishment will offer 10 interior and 10 exterior seats within the cafe portion of the business, serving food and beverage with incidental sale of beer and wine for on-site consumption. The market portion of the business will provide incidental sale of beer and wine for off-site consumption. The requested hours of operation are 8:00 a.m. to 2:00 a.m., daily.

SURROUNDING PROPERTIES

The surrounding properties are similarly zoned [Q] R5-4D-O, with properties east zoned C2-4D-O. These properties are characterized by level topography and fully improved streets.

North, west, and south of the subject property are commercial-residential developments similar to the “Aven Apartments” development with retail businesses located on the ground-floor and residential units located above. East of the subject property is a parking structure and surface parking lot.

STREETS AND TRANSIT

Grand Avenue, adjoining the subject property to the west, is a designated Modified Avenue II, dedicated to a Roadway width of 56 feet and a right-of-way width of 90 feet, and improved with asphalt roadway, concrete curb, gutter, and sidewalk.

12th Street, adjoining the subject property to the south, is a designated Modified Collector, dedicated to a Roadway width of 40 feet and a right-of-way width of 64 feet, and improved with asphalt roadway, concrete curb, gutter, and sidewalk.

Multiple public transit authorities service the South Park District, drawing employees from across Southern California into Downtown Los Angeles. These transit authorities include Metro, LADOT, and Santa Monica’s Big Blue Bus. Service includes bus and rail lines. CASE NO. ZA-2020-1556-CUB PAGE 10

Previous relevant cases, affidavits and orders on the subject property:

Case No. VTT-72702-CN-M1 - On November 16, 2018, the Advisory Agency approved the Modification of Vesting Tentative Tract Map No. 72702-CN for the subdivision of two conventional lots, two master lots, and 29 airspace lots, in conjunction with the construction, use, and maintenance of a maximum of 536 residential condominiums, 258 hotel guest rooms with additional meeting rooms, and a maximum of 25 commercial condominiums.

Case No. ZA-2014-0562-ZV-SPR-TDR - On March 24, 2015, the Zoning Administrator approved a Zone Variance to allow 42 trees in lieu of the required 167 trees, and to allow reduced parking stall width and reduced drive aisle widths; Site Plan Review to allow a development project that creates 50 or more dwelling units; and a Floor Area Deviation to allow a Transfer of Area of less than 50,000 square-feet to permit an increase of 49,999 square-feet of floor area for a total area of 610,220 square-feet.

Case No VTT-72702-CN - On March 24, 2015, the Advisory Agency approved the Vesting Tentative Tract Map No. 72702-CN for the subdivision of two conventional lots, two master lots, 33 airspace lots in the development of 666 residential condominiums and a maximum of 25 commercial condominiums.

Case No. VTT-68359 - On July 12, 2007, the Advisory Agency approved the Vesting Tentative Tract Map composed of six lots for a maximum 374 residential condominium units and two commercial condominium units consisting a maximum of 17,500 square feet.

Cases on Surrounding Properties:

Staff utilized a 600-foot radius map via the Zoning Information Mapping Access System (ZIMAS) and the Planning Case Tracking System (PCTS), seeking past Zoning Administrator determinations associated with the sales and dispensing of alcoholic beverages.

Case No. ZA-2020-870-CUB-CUX - On February 7, 2020, an application was filed for Conditional Use requests to allow the sale and dispensing of alcohol for on-site consumption in conjunction with a 7,150 square-foot restaurant with counter service, and to allow private event dancing at 1036 South Grand Avenue. A determination is pending.

Case No. ZA-2019-6849-CUB - On September 30, 2020, the Zoning Administrator approved a Conditional Use request to allow the sale and dispensing of beer and wine for off-site consumption in conjunction with a 3,056 square-foot convenience store with operating hours between 6 a.m. to 12 a.m., daily at 3360 East Olympic Boulevard.

Case No. ZA-2019-637-CUB - On July 10, 2019, the Zoning Administrator approved a Conditional Use request to allow the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with a new 3,780 square-foot restaurant and 1,200 square-foot covered patio with 88 interior seats and 28 exterior seats, and with hours of operation from 8 a.m. to 2 a.m., daily. The restaurant is located in the [Q] R5-4D-O zone at 1050 South Flower Street, Unit 167.

Case No. ZA-2018-7126-CUB - On June 27, 2019, the Zoning Administrator approved a Conditional Use to allow the continued sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with an existing 2,066 square-foot restaurant and 542 square-foot covered patio with 78 interior seats and 32 exterior seats, and with hours of operation of 7 a.m. to 2 a.m., daily. The restaurant is located in the [Q] R5-4D-O at 403 West 12th Street. CASE NO. ZA-2020-1556-CUB PAGE 11

Case No. ZA-2018-1843-CUB - On December 6, 2018, the Zoning Administrator approved a Conditional Use request to allow the sale and dispensing of beer for on-site and off-site consumption in conjunction with the operation of a proposed 5,150 square-foot microbrewery with a beer tasting room, bar, and lounge and a 171 square-foot outdoor patio with 40 interior seats and 30 exterior seats in the public right-of-way, and with hours of operation from 9 a.m. to 2 a.m., daily. The microbrewery is located in the C2-4D-O zone at 1203 Olive Street.

Case No. ZA-2018-2852-CU-CUB-ZA-TDR-SPR - On November 16, 2018, the Zoning Administrator approved the following at 1155 South Olive Street: • A Conditional Use request to allow the sale and dispensing of a full line of alcoholic beverages for on-site and off-site consumption in conjunction with the proposed hotel, restaurant, and retail establishment within a mixed-use development in the C4-2D-O zone; • A Conditional Use request to allow a 20 percent reduction in the number of required parking spaces to allow 45 spaces in lieu of 56 spaces otherwise required; • A Zone Variance from LAMC 12.21-A,5(c) to allow a maximum 61 percent compact parking in lieu of the maximum of 40 percent compact parking otherwise allowed; • A Floor Area Deviation to allow a Transfer of Floor Area of less than 50,000 square-feet to permit an increase of 15,186 square-feet of floor area for a total floor area of 121,218 square- feet and Floor Area Ratio (FAR) of 6.86:1 in lieu of the maximum permitted 6:1 FAR; and • A Site Plan Review for a development which creates or results in an increase of 50 or more hotel guest rooms

Case No. ZA-2015-0810-MCUP - On July 28, 2016, the Zoning Administrator approved a Conditional Use request to allow the sale and dispensing of a full line of alcoholic beverages for on­ site consumption in a maximum of three establishments or the sale and dispensing of a full line of alcoholic beverages for off-site consumption in a maximum of three establishments at 1000-1032 South Grand Avenue.

Case No. ZA-2015-1898-CUB-CUX - On November 2, 2015, the Zoning Administrator approved a Conditional Use request to allow the sale and dispensing of a full line of alcoholic beverages for on­ site consumption in conjunction with a 2,780 square-foot restaurant with 130 interior seats and 74 exterior seats, and with hours of operation limited to 7 a.m. to 12 a.m. midnight, Sunday to Wednesday, and 7 a.m. to 2 a.m., Thursday to Saturday. The restaurant is located in the [Q]R5-4D- O zone at 1100 South Hope Street.

Case No. ZA-2014-3066-CUB - On July 17, 2015, the Zoning Administrator approved a Conditional Use request to allow the continued sale and dispensing of a full line of alcoholic beverages for on­ site consumption with live entertainment in conjunction with the expansion of an existing restaurant with 154 interior seats and 40 exterior seats, and with hours of operation from 7 a.m. to 2 a.m., daily. The restaurant is located in the [Q]R5-4D-O zone at 1050 South Flower Street.

PUBLIC CORRESPONDENCE

On July 14, 2020, the Downtown Los Angeles Neighborhood Council (DLANC) submitted a letter of support for the above referenced request to allow the sale and dispensing of beer and wine for on­ site and off-site consumption in conjunction with proposed project subject to the following conditions and any additional conditions recommended by the LAPD or City Council: • Owner/Operator will come back and present to PLUC should owner/operator change. • Storefronts of ground floor retail retain transparency at all times to allow for eyes on the street and pedestrian safety. • Any amplified or outdoor noise shall be mitigated such that it will remain in compliance with the LA Noise Ordinance. CASE NO. ZA-2020-1556-CUB PAGE 12

On August 14, 2020, an email expressing support was received from Patrick Prescott approving beer and wine sales at South Park Pharmacy & Marketplace.

Several email communications between August 14 - 24, 2020 were received from Kirk Solomon with several questions and focused questions on the parking spaces which are assigned to the lease space; clarity on the applicability of the Type 41 license which applies to bonafide restaurants with a kitchen - the premise does not detail a kitchen facility; and whether the outdoor patio is within the property or in the public right of way (conflict with the 12th Street Walkable Street Program)? (These questions were answered by staff via email, and the applicant and the Zoning Administrator during the public hearing to the best of their ability.)

Several email communications between August 23 - 26, 2020 were received from Greg Rehner with several questions and focused questions on the outdoor seating and its potential conflict with the 12th Street Walkable Street Program (whether the seating is in the public right of way), and extensive hours of operation? (These questions were answered by staff via email, and the applicant and the Zoning Administrator during the public hearing to the best of their ability.)

An email dated August 24, 2020 was received from Kelly Stupi, a resident of an adjacent condominium complex who expressed strong support for the project. The market/pharmacy/cafe provides area residents with access to these products and services. The staff are friendly and have maintained safe operations in response to COVID-19 health crises. She looks forward to having their expanded operations and being able to purchase beer and wine.

Email dated between August 25 - 26, 2020 were received from Luc Susseville, the General Manager of EVO HOA, who had questions on the parking, type of alcohol permit and outdoor seating parameters. After receiving answers from Planning Staff, he indicated that he is in favor of the project with a 12 a.m. closure for the inside operation and no outdoor music that will be more reasonable for residential neighbors.

An email was received on August 27, 2020 from Tucker Franz, the applicant’s representative, with an attached updated Plot Plan displaying a more prominent property line that relates to the outdoor seating area. Additionally, he notes that there are several restaurants in the area that are developed within the ground floor of mixed-use buildings with residential units above. Most are open with patio seating areas until 2 am and restricting the subject project to 10 or 11 p.m. would put the applicant at a competitive disadvantage. He requests the Zoning Administrator reconsider these limitations.

PUBLIC HEARING

The public hearing was held on August 26, 2020 at 10:38 a.m. telephonically in conformity with the Governor’s Executive Order N-29-20 (March 17, 2020) and due to concerns over COVID-19. There were approximately five persons who called in to attend - the applicant, his representative, and stakeholders in the area.

Tucker Franz is the representative for South Park Pharmacy, the applicant, who is requesting on­ site and off-site consumption of alcohol. Mr. Franz described the request and project in detail. The pharmacy with over-the-counter products is divided form the cafe. • Alcohol is service from 8 a.m. to 2 a.m. is due to entertainment uses nearby. This is similar to projects to other stores in the Old Town Pasadena area. • The applicant lives around the corner of the site and is a neighboring stakeholder. He intends to keep the area safe and clean. • The neighborhood Council has reviewed and supports the project. • LAPD doesn’t oppose the request. CASE NO. ZA-2020-1556-CUB PAGE 13

• There are 4 designated parking spots for the Pharmacy. The previous entitlement did establish these spaces a dedicated to the pharmacy space. • Public concerns of outdoor seating on the sidewalk are incorrect. The proposed outdoor seats are within the property. The plot plan does show a feint property line that is barely visible that positions the seats within the site on private property.

Rahul Kumar, the applicant, responded to the Zoning Administrator’s question on the use of multiple doors. He indicated that he intends to use one open door from the Cafe on 12th Street and 2 doors on Grand Avenue that will have access to the pharmacy side. Additionally, the Cafe hours will be 9 a.m. to 6 p.m. and the pharmacy will be open later.

Pat Ferret, a resident of the neighborhood, express support for the requested use. She also suggested closure of the premises at 10 p.m. on week days and 12 am on weekends. Other liquor sales in the area have caused negative effects on the neighborhood.

Kirk Solana, a resident of the area noted the following: • Is the conditional use request for a Type 41 - Bonafide restaurant; however, no kitchen is shown on the plans? • Is the parking related to the larger project? • There is a property line issue that needs to be clarified. • Outdoor patios should be 50% of the floor area of the interior dining area. • The hours of operation should be up to 10 p.m. on weekdays and 11 p.m. on weekends for outdoor dining. • Where is the alcohol storage area?

Gary Rehner, a resident of the area agreed with the last speaker on the hours of operation. • Appropriate hours for outdoor seating are 10 p.m. on weekdays and 11 p.m. on weekends. • Seating outdoors need to be clarified. • No kitchen on the plans. This is not a bonafide restaurant. • Are the parking spaces actually for the pharmacy or other tenants?

Luc Sasseville, of the EVO Building had concerns of the hours of operation for the outdoor seating.

Tucker Franz responded by providing the following comments: • Mr. Franz apologized for the site plan and will submit a better copy identifying the property line. • The area of outdoor seating will be 4 % feet wide and will allow enough space for waiter movement. • The menu for the cafe will primarily be sandwiches like Starbucks, but meets restaurant requests for a bona fide restaurant for food preparation on-site. • Parking conditions require 4/1000 were considered during construction. The parking spaces were assigned to this establishment. • Hours of operation for the outdoor seating should be closed by 10:30 p.m. on weekdays and 11:30 on weekends.

Rahul Kumar noted that the neighbors make a good point. He indicated that he intends to sell higher end craft beer. He will have no signs outside the business. This will be a neighborhood serving establishment. We will consider security as well. The four spaces are designated and assigned to the business to use. CASE NO. ZA-2020-1556-CUB PAGE 14

The Zoning Administrator closed the public hearing and stated that he finds the testimony focused on certain issues that can be addressed by appropriate conditions of approval. These conditions include outdoor seating hours to be limited to 10 pm on Sunday through Thursday and 11 pm on Friday and Saturday. Additionally, a midnight closing will be appropriate for the entire business.

CONDITIONS IDENTIFIED FOR CONSIDERATION BY THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RELATIVE TO THE SALE AND DISTRIBUTION OF ALCOHOLIC BEVERAGES

In approving the instant grant, the Zoning Administrator has not imposed Conditions specific to the sale or distribution of alcoholic beverages, even if such Conditions have been volunteered or negotiated by the applicant, in that the Office of Zoning Administration has no direct authority to regulate or enforce Conditions assigned to alcohol sales or distribution.

The Zoning Administrator has identified a set of Conditions related to alcohol sales and distribution for further consideration by the State of California Department of Alcoholic Beverage Control (ABC). In identifying these conditions, the Office of Zoning Administration acknowledges the ABC as the responsible agency for establishing and enforcing Conditions specific to alcohol sales and distribution. The Conditions identified below are based on testimony and/or other evidence established in the administrative record, and provide the ABC an opportunity to address the specific conduct of alcohol sales and distribution in association with the Conditional Use granted herein by the Zoning Administrator.

• No "Happy Hour” type of reduced-price alcoholic beverage or "2 for 1” promotion shall be allowed at any time. Discounted food promotions are encouraged. • No cocktail lounge shall be maintained on the premises. • No alcohol shall be allowed to be consumed on any adjacent property under the control of the applicant. • There shall be no exterior advertising of any kind or type, including advertising directly to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. • The sale of alcohol shall be incidental to the sale of food. • Fortified wine (greater than 16% alcohol) shall not be sold. • All service of alcoholic beverages shall be conducted by a waitress or waiter or bartender. • The single unit sales of malt liquors and/or malt-based products shall be prohibited. • Signs shall be prominently posted in English, and the predominant language of the facility’s clientele, if different, stating that California State law prohibits sale of alcoholic beverages to persons who are under 21 years of age. No Loitering or Public Drinking” signs shall be posted in and outside of the facility in the same languages(s). • No sale of alcohol shall be permitted at any self-service, automated check-out station (checkout conducted primarily by the customer, with assistance by a store monitor) if such are available on the site. All sales of alcohol shall be conducted at a full-service checkout station directly attended by a cashier/checkout clerk specifically assigned solely to that station.

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-W of the Los Angeles Municipal Code. In order for the sale of beer and wine for on- and off-site CASE NO. ZA-2020-1556-CUB PAGE 15 consumption to be authorized, certain designated findings have to be made. In these cases, there are additional findings in lieu of the standard findings for most other conditional use categories.

CONDITIONAL USE FINDINGS

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

1. The project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city or region.

The subject project ("South Park Pharmacy & Market Place”) is located in the South Park District of Downtown Los Angeles, an area that emphasizes on providing a high quality commercial and residential environment given its proximity to the Sports and Entertainment District. As a ground-floor commercial tenant of the "AVEN Apartments” mixed-use development, South Park Pharmacy & Market Place will provide a beneficial service to the community by enhancing the neighborhood’s commercial vibrancy and providing essential and desirable amenities. It will integrate pharmacy, grocery, and cafe services under a single establishment making it a convenient destination for shopping and dining.

The sale of beer and wine for on-site and off-site consumption at the South Park Pharmacy & Market Place will provide a service that is typically desired in the South Park District due to the concentration of nightlife and entertainment opportunities offered in Downtown Los Angeles. The project’s proximity to venues such as the Staples Center, L.A. Live complex, the Los Angeles Convention Center, and the theatres along Broadway attracts many visitors and locals to the neighborhood. As a result, many of the surrounding businesses provide alcohol service to capture its high demand. The sale of beer and wine will allow South Park Pharmacy & Market Place to operate competitively with restaurants and bars.

Local residents and workers will benefit from the services provided by the project as it serves as a one-stop destination for pharmacy, grocery, and cafe services. The market portion of the project will offer food and other goods with incidental sale of beer and wine for off-site consumption, a feature that is commonly provided at markets. Individuals will be able to conveniently pick up groceries without traveling to similar establishments located further away. Pharmacy services, in particular, provide an essential service to individuals needing prescription drugs and medication. The project will be of pubic convenience as it serves a high-density residential area.

The applicant is requesting approval for the sale and dispensing of beer and wine for on-site and off-site consumption. Alcohol sales for on-site consumption shall be limited within the indoor and outdoor portion of the cafe while alcohol sales for off-site consumption shall be limited to the market portion. As conditioned, given the location and use of the proposed project, South Park Pharmacy & Market Place will provide a beneficial service to the neighborhood.

2. The project’s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety.

The subject project is associated with the construction of "AVEN Apartments”, a mixed-use commercial-residential development in the South Park District of Downtown Los Angeles. South Park Pharmacy & Market Place will occupy a 4,061 square-foot ground-floor tenant space and an uncovered 440 square-foot outdoor patio fronting Grand Avenue. 10 interior CASE NO. ZA-2020-1556-CUB PAGE 16

and 10 exterior seats will be provided by the cafe portion of the establishment in which the sale of beer and wine for on-site consumption will be allowed. The sale of beer and wine for off-site consumption will be offered by the pharmacy-market component of the business.

As a tenant of the mixed-use complex, the subject project will conform with the design and layout "AVEN Apartments” and will be compatible with the adjacent tenants and properties in the neighborhood. South Park Pharmacy & Market Place will complement the surrounding high density residential and commercial uses in the area by providing community-oriented services to local residents and workers. It will offer convenient access to groceries, prescription drugs and medication, prepared food, and other goods. Properties to the north, west, and south are zoned [Q] R5-4D-O and consist of high-rise apartment and condominium structures, similar to the "AVEN Apartments”, which allocate retail space to the ground-floor and residential units above. Properties to the east are zoned C2-4D-O zone and include a parking lot and structure.

During the public process, several pieces of correspondence were received including a letter from the Downtown Los Angeles Neighborhood Council who expressed conditional support for the project that asks the following conditions and any additional conditions recommended by the LAPD or City Council: • Owner/Operator will come back and present to PLUC should owner/operator change. • Storefronts of ground floor retail retain transparency at all times to allow for eyes on the street and pedestrian safety. • Any amplified or outdoor noise shall be mitigated such that it will remain in compliance with the LA Noise Ordinance. Two other letters of support were received that expressed the market/pharmacy/cafe provides area residents with access to these products and services. The staff are friendly and have maintained safe operations in response to COVID-19 health crises. She looks forward to having their expanded operations and being able to purchase beer and wine.

At least three residential stakeholders expressed concern with the project operations with the following question that were answered during the public process: • Are the 4 parking spaces assigned to the subject market/pharmacy/cafe lease space? • Clarity on the applicability of the Type 41 license which applies to bonafide restaurants with a kitchen. The premise does not detail a kitchen facility - is this correct? • Is the outdoor patio is within the property or in the public right of way? (The layout may be in conflict with the 12th Street Walkable Street Program.) • Can the hours of operation be reduced due to noise from the outdoor eating area and overall operations past the midnight hour. The project staff, the applicant, and the Zoning Administrator did answer these questions to the best of their ability and addressed remedying these concerns with conditions. Parking spaces are indeed assigned to the lease space. The kitchen will be a minimally equipped kitchen that produces primarily sandwiches. An enhance plot plan was submitted clearly illustrating the location of the property line that demonstrates the proposed outdoor seating area as being within the confines of the site.

Mr. Franz also submitted additional information attempting to justify the later opening hours of the facility to capture late-night sales as other retailers and restaurants in the immediate area has been entitled. Most are open with patio seating areas until 2 am and restricting the subject project to 10 or 11 p.m. would put the applicant at a competitive disadvantage. He requests the Zoning Administrator reconsider these limitations discussed at the public hearing.

The public hearing was held on August 26, 2020 at 10:38 a.m. telephonically in conformity CASE NO. ZA-2020-1556-CUB PAGE 17

with the Governor’s Executive Order N-29-20 (March 17, 2020) and due to concerns over COVID-19. There were approximately five persons who called in to attend - the applicant, his representative, and stakeholders in the area. T ucker Franz is the representative for South Park Pharmacy, the applicant. Mr. Franz described the request and project in detail and made several statements. The pharmacy with over-the-counter products is divided form the cafe. Alcohol is service from 8 a.m. to 2 a.m. is due to entertainment uses nearby. This is similar to projects to other stores in the Old Town Pasadena area. The applicant lives around the corner of the site and is a neighboring stakeholder. He intends to keep the area safe and clean. The neighborhood Council has reviewed and supports the project. LAPD doesn’t oppose the request. There are 4 designated parking spots for the Pharmacy. The previous entitlement did establish these spaces a dedicated to the pharmacy space. Public concerns of outdoor seating on the sidewalk are incorrect. The proposed outdoor seats are within the property. The plot plan does show a feint property line that is barely visible that positions the seats within the site on private property.

Rahul Kumar, the applicant, responded to the Zoning Administrator’s question on the use of multiple doors. He indicated that he intends to use one open door from the Cafe on 12th Street and 2 doors on Grand Avenue that will have access to the pharmacy side. Additionally, the Cafe hours will be 9 a.m. to 6 p.m. and the pharmacy will be open later.

Pat Ferret, a resident of the neighborhood, express support for the requested use. She also suggested closure of the premises at 10 p.m. on week days and 12 am on weekends. Other liquor sales in the area have caused negative effects on the neighborhood.

Kirk Solana and Gary Rehner, both residents of the area noted the following: • Is the conditional use request for a Type 41 - Bonafide restaurant; however, no kitchen is shown on the plans? • Is the parking related to the larger project or actually for the pharmacy? • There is a property line issue that needs to be clarified. • Outdoor patios should be 50% of the floor area of the interior dining area. • The hours of operation should be up to 10 p.m. on weekdays and 11 p.m. on weekends for outdoor dining. • Where is the alcohol storage area?

Luc Sasseville, of the EVO Building had concerns of the hours of operation for the outdoor seating.

Mr. Franz apologized for the site plan and will submit a better copy identifying the property line. The area of outdoor seating will be 4 % feet wide and will allow enough space for waiter movement. The menu for the cafe will primarily be sandwiches like Starbucks, but meets restaurant requests for a bona fide restaurant for food preparation on-site. Parking conditions require 4/1000 were considered during construction. The parking spaces were assigned to this establishment. Hours of operation for the outdoor seating should be closed by 10:30 p.m. on weekdays and 11:30 on weekends.

Rahul Kumar acknowledged the neighbors concerns as a resident himself. He indicated that he intends to sell higher end craft beer. He will have no signs outside the business. This will be a neighborhood serving establishment. We will consider security as well. The four spaces are designated and assigned to the business to use.

The Zoning Administrator closed the public hearing and stated that he finds the testimony focused on certain issues that can be addressed by appropriate conditions of approval. These conditions include outdoor seating hours to be limited to 10 pm on Sunday through CASE NO. ZA-2020-1556-CUB PAGE 18

Thursday and 11 pm on Friday and Saturday. Additionally, a midnight closing will be appropriate for the entire business.

Upon reviewing the administrative record, including the issues raised during the public process, it was found that the proposal can be conditioned and meet the findings of fact in order to grant the conditional use. Late noise from outdoor seating and general operations can be reduced by limiting the hours of operation of the premises with an overall midnight closing and a variable 10 p.m. and 11 p.m. closure of the outdoor seating throughout the week. Other conditions were imposed to achieve compatibility with the surrounding neighborhood of mixed use development with respect to residential uses.

The Conditional Use authorization for South Park Pharmacy & Market Place will allow incidental sale of beer and wine for on-site and off-site consumpitoin, a service which is typically desired by restaurant and market customers and provided by similar establishments. The South Park District of Downtown Los Angeles is known for its entertainment and sports venues, including the Staples Center, L.A. Live complex, and the Los Angeles Convention Center. Approval of the applicant’s request will allow the business to operate competitively with adjacent businesses.

With the approval of the subject Condtional Use, South Park Pharmacy & Market Place will be compatible with the surrounding uses in the neighborhood and will not degrade adjacent properties. Nuisances, security, mode and character, and responsible management are addressed through these conditions. Conditions have been imposed to encourage responsible management and deter criminal activity. Furthermore, employees will be required to participate in training pertaining to alcohol sales. As conditioned, the proposed operation of the subject pharmacy, cafe, and market in regards to the sale of beer and wine for on- and off-site consumption will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare and safety and the development of the community.

3. The project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any specific plan.

The twelve elements of the General Plan establish policies that provide for the regulatory environment in managing the City and for addressing concerns and issues. The majority of the policies derived from these Elements are in the form of Code Requirements of the Los Angeles Municipal Code (LAMC). Except for the entitlement described herein, the project does not propose to deviate from any of the requirements of the LAMC.

The Land Use Element of the City’s General Plan divides the City into 35 Community Plans. The subject site is located within the Central City Community Plan area, and designates the land use as High Density Residential with the corresponding zone R5.

The project site is zoned [Q]R5-4D-O and is thus in conformance with the land use designation. Located within the South Park neighborhood in Downtown Los Angeles, the Plan characterizes the area as a thriving residential community that includes auxiliary support services such as retail and commercial developments that provide employment opportunities for area residents. The Plan acknowledges the lack of neighborhood-oriented businesses to support residential areas as well as the lack of the necessary mix of retail to attract a variety of users to the downtown area in the evenings and on weekends. The South Park Pharmacy & Market Place addresses these issues by expanding the variety of beneficial services in the area. The project integrates pharmacy, grocery, and cafe services under one establishment and potentially reduces the number of trips residents would need to make to acquire the same elsewhere. Its proximity to the Los Angeles Sports and Entertainment District, Broadway retail CASE NO. ZA-2020-1556-CUB PAGE 19

and theatre District, and numerous public transit lines, in conjunction with its hours of operation will attract local residents, workers, and visitors throughout the day. The operation and location of South Park Pharmacy & Market Place both contribute to the residential and commercial vitality of the community.

The Community Plan text is silent with regards to alcohol sales, therefore in such cases the Zoning Administrator must interpret the intent of the Plan. Approval of the applicant’s request is consistent with the Plan’s objectives and policies, including:

• Objective 1-1: To promote development of residential units in South Park;

o Policy 1-1.1: Maintain zoning standards that clearly promote housing and limit ancillary commercial to that which meets the needs of neighborhood residents or is compatible with residential uses;

• Objective 2-4: To encourage a mix of uses which create an active, 24-hour downtown environment for current residents and which would also foster increased tourism;

o Policy 2-4.1: Promote night life activity by encouraging restaurants, pubs, night clubs, small theaters, and other specialty uses to reinforce pockets of activity.

In addition to the Central City Community Plan, the project area is also subject to the City Center Redevelopment Plan. Under the implementation and enforcement of the City of Los Angeles, the Redevelopment Plan encourages commercial projects that promote community revitalization and will be compatible with and are appropriate for the Residential uses in the vicinity. For the South Park Development Area specifically, it also encourages a mixed-use live/work community, consisting of a housing-commerce community featuring open space. South Park Pharmacy & Market Place will address these goals as its establishment in the neighborhood will provide multiple commercial services with seating available indoors and outdoors for customers to consume their food and beverages.

The project supports the Community Plan’s Goals and Objectives, as well as the Redevelopment Plan’s Goals, by providing a desirable and beneficial service to the South Park district community. The required findings have been made and the operation has been imposed with conditions. Therefore, the project conforms to the purpose, intent, and provisions of the General Plan, Central City Community Plan and the Central City Redevelopment Plan.

4. The proposed use will not adversely affect the welfare of the pertinent community.

The approval of the Conditional Use request for the sale and dispensing of beer and wine for on-site and off-site consumption in conjunction with the subject project will not adversely affect the welfare of the community. The proposed South Park Pharmacy & Market Place will provide local residents and employees the opportunity to shop for essentials goods such as groceries and medical prescriptions at one location. The variety in services provided by the establishment will potentially reduce the number of trips an individual would have to make elsewhere, making it a convenient shopping destination. Similar to many restaurants and markets in the area, the sale of beer and wine is a service that is typically offered and generally desired by patrons. The South Park district draws locals and visitors with its entertainment attractions and experiences. Therefore, the proposed project will contribute to the commercial character of the neighborhood and will positively impact the financial health of the community through revenue and increased employment opportunities.

With oversight for the California Department of Alcoholic Beverage Control (ABC) and CASE NO. ZA-2020-1556-CUB PAGE 20

conditions which have been imposed upon the pharmacy-market-cafe, the project will be compatible with the character of the immediate neighborhood. Such conditions include the requirement of security measures such as a surveillance system and deterrence of graffiti and loitering. In addition, the grant requires the use and maintenance of an age verification device to deter underage purchases and drinking. Employees must also undergo STAR (Standardized Training for Alcohol Retailers) training, provided by the Los Angeles Police Department, LEAD (Licensee Education on Alcohol and Drugs) training, or RBS (Responsible Beverage Service) provided by the Department of Alcoholic Beverage Control. Both the Conditions of Approval and the requirements of the State Alcoholic Beverage Control agency are intended to protect the public health, welfare, and safety of the community. Therefore, it is expected that the sale and dispensing of beer and wine for on­ site and off-site consumption in conjunction with the proposed South Park Pharmacy & Market Place will not adversely affect the welfare of the pertinent community.

5. 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.

According to the ABC’s licensing criteria, four (4) on-sale and two (2) off-sale consumption licenses are allocated to the subject census tract (Census Tract 2079). Currently there are 36 establishments holding 54 active alcohol licenses within the census tract. The following list shows the distribution of licenses:

(5) Type 20: Off Sale Beer & Wine (3) Type 21: Off-Sale General (11) Type 41: On-Sale Beer & Wine (14) Type 47: On-Sale General - Eating Place (2) Type 48: On-Sale General - Public Premises (1) Type 57: Caterer’s Permit (7) Type 58: On-Sale Beer & Wine - Seasonal (3) Type 66: Controlled Access Cabinet Permits (5) Type 68: Portable Bar License (3) Type 77: Event Permit

Within 1,000 feet, there are 17 establishments holding 22 active alcohol licenses. The licenses include:

(3) Type 20: Off Sale Beer & Wine (1) Type 21: Off-Sale General (6) Type 41: On-Sale Beer & Wine (5) Type 47: On-Sale General - Eating Place (1) Type 48: On-Sale General - Public Premises (3) Type 57: Caterer’s Permit (2) Type 68: Portable Bar License (1) Type 77: Event Permit

The subject project will result in an undue concentration of on-sale and off-sale alcoholic beverage licenses in the Census Tract with respect to the maximum number of licenses CASE NO. ZA-2020-1556-CUB PAGE 21

authorized. In such circumstances, the distribution of additional licenses is prohibited unless a determination is made that the ABC license(s) will serve a pubic convenience or necessity.

The South Park Pharmacy & Market Place will provide beneficial services of public convenience by offering pharmacy, market, and cafe services that are desirable and essential to the local community. Located on the ground-floor of the AVEN Apartment complex, the business will attract local residents and employees to shop and dine closer to where they live and work. Pharmacies, in particular, provide an essential service for many individuals who require prescription drugs and medication. Based on the goals of the Central City Community Plan, projects such as the South Park Pharmacy & Market Place are encouraged as they promote an active, 24-hour downtown environment for current residents and foster increased tourism. Given the project’s proximity to some of the City’s most prominent sports and entertainment venues, the incidental sale of beer and wine is a desired service that will contribute to the economic vibrancy of Downtown Los Angeles.

According to statistics provided by the Los Angeles Police Department’s Central Division Vice Unit on Crime Reporting District No. 182, which has jurisdiction over the subject property, 493 crimes were reported in 2019 (363 Part I, Crimes and 130 Part II, Arrests), compared to the Citywide Average of 170 crimes and compared to the High Crimes average of 204 crimes for the same reporting period.

Part II Crimes reported include Narcotics (13), Liquor Laws (19), Public Drunkenness (7), Disturbing the Peace (0), Disorderly Conduct (5), Gambling (0), DUI related (5), Moving Traffic Violations (9), Miscellaneous Other Violations (31) and other offenses (7). Of the 493 total crimes reported for the Reporting District, 5 arrests were made for driving under the influence.

The above statistics indicate that the crime rate in Reporting District No. 182 is higher than the city average and constitutes a High Crime Reporting District. In such cases, state law prohibits the issuance of a new retail alcohol license as it identifies these areas as experiencing undue concentration. However, as noted above, the subject project will be of public convenience to the surrounding residential community as well as contribute to the economic vitality of the South Park District given its proximity to the Sport and Entertainment District in Downtown Los Angeles. Local residents will be able to pick up their medications and groceries from the establishment, and local employees and tourists will also be able to enjoy the dine-in and take-out food service provided by the cafe operation. Moreover, the service population of the Downtown area has increased dramatically over the past 30 years that is representative of the many housing opportunities and employment positions gained.

ABC has discretion to approve an application if there is evidence that normal operations will not be contrary to public welfare and will not interfere with the quiet enjoyment of property by residents. In addition, negative impacts commonly associated with the sale of alcohol such as criminal activity, public drunkenness, and loitering are mitigated by the imposition of conditions set forth by the Zoning Administrator. The approval of the operation of the South Park Pharmacy & Market Place, in conjunction with the sale and dispensing of beer and wine for on- and off-site consumption, will serve to enhance the nightlife and character of the South Park district and Downtown Los Angeles while operating in a manner that will be responsible and considerate of its surrounding uses.

6. 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. CASE NO. ZA-2020-1556-CUB PAGE 22

The project site is zoned for High Density Residential and is developed with a new commercial-residential building in the South Park district of Downtown Los Angeles. Adjacent to the subject property are similar establishments which offer apartment and condominium living for residents, as well as commercial tenant and studio spaces for businesses and professionals. The integration of the three services under one establishment will be of public convenience for local residents and workers.

The following sensitive uses are located within a 1,000-foot radius of the site:

Sensitive Uses

Metropolitan Community Church 1050 S. Hill St. Trinity Methodist Church 1200 S. Figueroa St. Calvary Temple Evangelical Church 1020 S. Flower St. Chabad of Downtown Los Angeles 1035 S. Olive St.

Rossier School of Education 1150 S. Olive St. SIA Tech Los Angeles 221 W. 11th St. The Annex School 605 W. Olympic Blvd. California Children’s Academy 1031 S. Hope St. Kid City Hope Place 1021 S. Hope St.

Youth Empowerment Services 1012 S. Olive S. # 7 YWCA Greater Los Angeles 1020 S. Olive St.

Multi-Family Residential Flower St., Hope St., Grand Ave., Olive St., Hill St., Broadway, Olympic Blvd., W. 11th St., 12th St., Pico Blvd.

Establishments Selling Alcoholic Beverages

Barcito 403 W. 12th St. LAX Discount Store 1065 S. Broadway Broken Spanish 1050 S. Flower St., Ste. 101 Stanton DTLA 1050 S. Flower., Ste. 167 Palm Restaurant 1100 S. Flower St. Restaurant Cabanas 1003 S. Hill St. Mayan Nightclub 1038 - 1044 S. Hill St. Belasco Theatre 1050 S. Hill St. Trimana Express 1139 S. Hill St. Vino Los Angeles 1100 S. Hope St. Arashi Sushi 1111 S. Hope St. Krab Queenz LA 1111 S. Hope St., Ste. 110 First Draft LA 1230 S. Olive St. Mikkeller Bar LA 330 W. Olympic Blvd. Pizza Sociale 448 W. Olympic Blvd. Genwa DTLA 450 W. Olympic Blvd., Ste. B & C Jo’s Liquor 333 W. Pico. Blvd.

Consideration has been given to the distance of the subject establishment from the above- referenced sensitive use. The grant has been well-conditioned, which should protect the health, safety, and welfare of the surrounding neighbors. The potential effects of excessive noise or disruptive behavior have been considered and addressed by imposing conditions CASE NO. ZA-2020-1556-CUB PAGE 23

related to noise and loitering. The project is consistent with the zoning and in keeping with the existing uses adjacent to the development. This project will contribute to a neighborhood and will serve the neighboring residents, local employees, and visitors of the South Park district. Therefore, as conditioned, the project will not detrimentally affect residentially-zoned properties or any other sensitive uses in the area.

ADDITIONAL MANDATORY FINDINGS

9. 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 outside a flood zone.

Inquiries regarding this matter shall be directed to David Woon, Planning Staff for the Department of City Planning at (213) 978-1368 or [email protected].

rfUuJtCLf i (jUm^ FRANKLIN N. QUON Associate Zoning Administrator

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1”=5’ i i 1 US ri\ LOS ANGELES COVID-19 UPDATE CITY PLANNING Interim Appeal Filing Procedures April 17, 2020

Consistent with Mayor Eric Garcetti's "Safer At Home” directives to help slow the spread of COVID-19, City Planning has implemented new procedures for the filing of appeals for non-applicants that eliminate or minimize in-person interaction. There are three options for filing appeals, described below.

OPTION 1: NON-APPLICANT ONLINE APPEAL PORTAL (planning.lacity.org/development-services/appeal-application-online)

Non-applicant appeals of entitlements can now be submitted online and payment can be made by credit card. The online appeal portal allows non-applicants to fill out and submit the appeal application directly to the Development Services Center. Once the appeal is accepted, the portal allows for appellants to submit a credit card payment, enabling the appeal and payment to be submitted entirely electronically. Note: a 2.7% credit card processing service fee will be charged. CEQA appeals, Building and Safety appeals (LAMC Section 12.26K), and Applicant appeals can only be filed using Option 2 or 3 below.

OPTION 2: EMAIL PLUS US MAIL

This is a two-step process including pre-clearance by email STEP 2: of the appeal application followed by application and payment Send appeal application via US Mail, postmarked no later than submittal via US Mail. the last day of the appeal period. The package shall include: - Original Appeal Application (wet signatures), STEP 1: - Copy of email correspondence with City Planning staff Email [email protected] with the subject line: (from Step 1) "Request to File Appeal.” In the email body provide: - Appeal fee, check payable to the City of Los Angeles - The case number ($109.47 for an aggrieved party, not the Project - Appellant contact information Applicant.) (name, email, telephone number) - Mail the appeal application to: Department City Planning - Metro DSC Include as individual attachments to the email: 201 N. Figueroa St., 4th Floor - Copy of Signed Appeal Application Los Angeles, CA 90012 - Justification - Letter of Determination City Planning staff will email and mail the appellant with a receipt for payment. Note: only the original application, City Planning staff will contact the appellant to confirm email, and check need to be sent via US Mail. This ensures a whether the appeal is complete and meets the applicable standard envelope with standard postage is sufficient, and no provisions of the Los Angeles Municipal Code (LAMC). The trip to the Post Office is necessary. Steps 1 and 2 must both appellant will then be instructed to move forward with Step 2. be completed. An email alone is not sufficient to satisfy appeal requirements.

OPTION 3: DROP OFF AT DSC

An appellant may continue to submit an appeal application and payment at any of the three Development Services Center (DSC) locations. City Planning established drop off areas at the DSCs with physical boxes where appellants can drop off appeal applications and payment. Drop off areas are monitored in secure locations outside the three DSCs (Metro/ Downtown, Van Nuys, and West Los Angeles) and are available during regular business hours.

City Planning staff will follow up with the appellant via email and phone to: - Confirm that the appeal package is complete and meets the applicable provisions of the LAMC - Provide a receipt for payment

Los Angeles City Planning | Planning4LA.org