california business and professions code to be submitted

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APPLICATION FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY" ALCOHOL SALES Pursuant to Sections 23958 and 23858.4 California Business and Professions Code TO BE SUBMITTED TO CITY CLERK'S OFFICE ROOM 395, CITY HALL Page 1 of 6 COUNCIL FILE NO. I c/1. -0351 COlt' TIME LIMIT FILE: BACKGROUND IN FORMATION As part of the application, the app li cant must submit the names and addresses of property owners of all property adjacent (including across the street/a ll ey) to the subject property on gummed label s. Applicant must also submit the following information: (1) notarized signature, (2) a site plan prepared by a map maker (see Plann in g Department for map makers li st), (3) one 4-by 6-inch picture of the property from each side of the site, and (4) a copy of all previous bu il d in g permits for the site (Room 400, 201 North Figueroa Street). When you meet with the ABC to get the crime and li cense concentration informati on for your site, you must bring back the ABC information (on the ABC form) to th e City Clerk. Project Name: VENA MARKET Address: 8905 VENICE BOULEVARD. #108 & 109, LOS ANGELES, CA 90034 Type of Business: MARKET UPGRADE FROM EXSITING BEER/WINE TO FULL LINE ALCOHOLIC BEVERAGES App li cant: Name VENA MARKET C/0 RUPINDER KAUR Address 8905 VENICE BOULEVARD. #108 & 109, LOS ANGELES, CA 90034 Phone Number 310-836-9577 Fax Number Property Owner: Name FAIRMONT PROPERTIES, L.P. CIO RELIABLE PROPERTIES Address 6399 WILSHIRE BLVD. #604, LOS ANGELES, CA 90048 Phone Number 323-653-3777 Fax Number Representati:ve Name WIL NIEVES ,. Address 21250 HAWTHORNE BLVD., #700, TORRANCE, CA 90503 Phone Number 310-543-3090 Fax Number 310-371-1140 A. PROJECT DETAILS THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS: 1. Has the City previously approved a conditional use permit for alcoholic beverage sales at this site? 2. YES. If Yes, what is the City case number(s). ZA 2011-0169-CUB; ZA 1999-80-CUB Have you recent ly filed for a new conditional use permit? NO. case number(s). If Yes, provide the City

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APPLICATION FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY"

ALCOHOL SALES

Pursuant to Sections 23958 and 23858.4 California Business and Professions Code

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

Page 1 of 6

COUNCIL FILE NO. I c/1. -0351 COlt'

TIME LIMIT FILE:

BACKGROUND INFORMATION

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

Project Name: VENA MARKET

Address: 8905 VENICE BOULEVARD. #108 & 109, LOS ANGELES, CA 90034

Type of Business: MARKET UPGRADE FROM EXSITING BEER/WINE TO FULL LINE ALCOHOLIC BEVERAGES

Applicant: Name VENA MARKET C/0 RUPINDER KAUR

Address 8905 VENICE BOULEVARD. #108 & 109, LOS ANGELES, CA 90034

Phone Number 310-836-9577 Fax Number

Property Owner: Name FAIRMONT PROPERTIES, L.P. CIO RELIABLE PROPERTIES

Address 6399 WILSHIRE BLVD. #604, LOS ANGELES, CA 90048

Phone Number 323-653-3777 Fax Number

Representati:ve Name WIL NIEVES ,. ~

Address 21250 HAWTHORNE BLVD., #700, TORRANCE, CA 90503

Phone Number 310-543-3090 Fax Number 310-371-1140

A. PROJECT DETAILS

THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS:

1. Has the City previously approved a conditional use permit for alcoholic beverage sales at this site?

2.

YES. If Yes, what is the City case number(s). ZA 2011-0169-CUB; ZA 1999-80-CUB

Have you recently filed for a new conditional use permit? NO. case number(s).

If Yes, provide the City

Page 2 of6

3. Has a previous ABC license been issued? YES. If Yes, when and what type of license? OFF-SALE TYPE 20 BEER & WINE LICENSED CONTINUOUSLY SINCE 1999.

4. Type of Alcohol Sales Requested (on- or off-site, beer and wine, fu ll alcohol etc.): OFF-SALE GENERAL TYPE 21.

5. Size of Business: 2,960 SF.

6. %of floor space devoted to alcoholic beverages: LESS THAN 10%.

7. Hours of Operation:

a. What are the proposed hours of operation and which days of the week will the establishment is open? HOURS OF OPERATION ARE FROM 6:00AM TO 11:00 PM, DAILY.

b. What are the proposed hours of alcohol sales? SAME AS THE HOURS OF OPERATION.

8. Parking:

a. Is parking avai lable on the site? YES. (If so, how many spaces?) 50 SPACES.

b. If spaces are not available on the site, have arrangements been made for off-site parking by lease or covenant? N/A.

c. Where? N/A.

d. How many off-site spaces? N/A.

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 ava ilable for use on the subject property and if so, how many? NO.

11. W il l you have signs visible on the outside wh ich advertise the avai lability of alcohol? NO.

12. How many employees will you have on the site at any given time? 2 STAFF MEMBERS ON-SITE AT ANY GIVEN TIME DURING HOURS OF OPERATION.

13. Will all e_mployees who sell alcohol attend the local State ABC training class on how to properly sell :!alcohol? YES.

14. What security measures will be taken including:

a. Posting of ru les and regu lations on the premises to prevent such problems as gambling, loitering, theft , vandalism and truancy. STAFF AND MANAGEMENT SHALL MONITOR AND DISCOURAGE THE ABOVE ACTIVITIES. ANY SUCH ACTIVITY WILL BE ADDRESSED, DOCUMENTED AND IF NECESSARY, THE APPROPRIATE AUTHORITIES WILL BE CONTACTED.

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~J,-.--- o. IJ'VillS"e4Atflty guards be provided and if so, when and how many? __ J ) >H:f:llJ ),1~5URITY GUARD PROVIDED IN THE PARKING LOT.

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Page 3 of 6

15. Will there be minimum age requirements for patrons? If so, how will this be enforced? YES, ANY PATRONS WISHING TO PURCHASE ALCOHOLIC BEVERAGES MUST BE 21 YEARS OF AGE OR OVER. THIS WILL BE MONITORED BY STAFF THAT WILL CHECK IDENTIFICATION FOR PROOF OF AGE BEFORE SALE OF ALCOHOL THERE WILL BE NO MINIMUM AGE REQUIREMENT FOR PATRONS WHO DO NOT WISH TO PURCHASE ALCOHOLIC BEVERAGES.

16. Are there any other alcoholic beverage outlets within a 600-foot radius of the site? YES. Provide names and address of such business and type of business. SEE ATTACHED LIST.

17. Are there any schools (public or private and including nursery schools) churches or parks within 1000 feet of your proposed business? NONE. Where? (Give Address)

18. Will the exterior of the site be fenced and locked when not in use? NO.

19. Will the exterior of the site be illuminated with security lighting bright enough to see patrons from the street? YES.

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

1. Will the gross sale of alcohol exceed the gross sale of food items on a quarterly basis? NO.

2. Will cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises? YES, BUT ONLY IN LARGE PRE-PACKAGED QUANTITIES.

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

4. Will "fortified" wine (greater than 46% alcohol) be sold? YES.

C. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE ON-SITE SALE OF ALCOHOLIC BEVERAGES IS SOUGHT: NOT APPLICABLE.

1. What is the occupancy load as determined by the Fire Department (number of patrons)?

2. What is the proposed seating in all areas?

3. Is there to be entertainment such as a piano bar, juke box, dancing, live entertainment, movies, e~~.? (Specify?) lf~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. Not applicable. The subject site is a reception lounge and is not incidental to a restaurant use.

Page 4 of 6

5. Food Service

a. Will alcohol be sold without a food order?

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.

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 police vice unit as well as the Planning Department Public Counter at (213) 977-6083 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 long 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 exp_lain:

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?

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.

Page 5 of 6

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.**

SEE ATTACHED FINDINGS.

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Page 6 of6

F. APPLICANTS 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.

v E h /} r "'I (~ ,'d.. V- f. r (I v f:/ v J ) I',. r') J!_ ,/ jc 1-l t.l K

Date 'f?Wt 6 f?t=ON?E f!A?a-fJE 1'<31- ~

Applicant signature

State of c(). \ \ CitM \ CA

county of L 0:> \\cgeke> On ~~ \ 2.} 2.0 I~ before me, ~Mo ..cJ. t\ ~ b.-u:1. ~ l! 1 ( rvo\uV\j ~ u b l 1 c.,j

D te Name of Notary Public .....

personally appeared .-~ cJ:... ~fsbP {') ..- Name(s) of Signer(s)

who proved to me on the basis of satisfactory ei· nee to be the person(s) whos~e(s~re subscribed to the within instrument and ac~ledged to me tha he he/they executed the same i is er/t~ authorized capacity(ies), and that b his/ er/their signature s on the instrument the persons , r the entity upon behalf of which the person(s) acte , ecuted the instrument.

!i' I certify under "PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

* The Planning Department has a list of private map makers who will prepare the names and addresses for you. This list is available at the public counter, Room 300, Counter N, 201 North Figueroa Street or 6251 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.

**You may add. add itional pages to your response if needed. Please utilize numbering system of this form to assist in the review of the responses.

CP-7612 (10/22/01)

/ LE:GM..: FR \.OTS 281-:28:3-, 310-3~2, lRACT 6~5-, M.B. 18-t25

NEW r.e. PAGE- 63:2

GRIO H-7

C,D. 10 -WESSON. JR.

C.T. 270i .00

P.A, PALMS~MAR \fiSfA­

DEL RCY

CONDITIONAL USE ALCOHOLIC BEVERAGES

CASE NO:

OAT£: OJ-10-11

DRAWN BY:

LEGEND

IJ.'! ON-SHI~ CONSUMPTW-N Of FULl UNE ALCOHOLIC 8EVE"RA.GES

(el ON-SiTE CONSUMPTION Of S££R AND/011 WINt:

& WLLS~~TNEE: c,~t~tW~lb0~~tRI\GES .&. ~kfRs!WoJ8~s~~~~knoN Of

NET ACRES

:=:.. 1.10 Acres

O,M, DR CAO: 1239159, 1208169

SCALE: l "=100'

USES; FIELD

CONTACJ' PERSON:

PHONE NO:

CONDITIONAL USE PERMIT-ALCOHOL (CUB) ADDITIONAL INFORMATION/FINDINGS

8905 VENICE BLVD., #1 08 & 109

INTRODUCTION

BACKGROUND The subject property is a level, irregular-shaped, corner, parcel of land, consisting of 48,007 sq. ft., having a frontage of approximately 268 feet on the north side of Venice Blvd., a frontage of 173 feet along the west side of National, and a frontage of 130 feet along the east side of Ellis Ave. (Lots 281-283 and 310-312, Block None, Tract TR 625, ARB None, Map Reference MB 18-125). It is developed with a one-story, 18,765 sq. ft. commercial building with 2,960 sq. ft. dedicated to the subject market site. There are 70 on-site dedicated parking spaces.

SURROUNDING PROPERTIES

Adjacent properties to the south of the subject site across Venice Blvd. are zoned M1-1 and are developed with a shopping center.

Properties to the north are zoned M 1-1 and are developed with one-story auto repair and auto supply commercial buildings.

Adjacent properties to the east across National Blvd. are zoned M1-1 and are developed with two-story office building.

Property to the west across Ellis Ave. are zoned M1-1 and is developed with single story auto sales & repair commercial building.

CIRCULATION

Venice Blvd., adjoining the subject property to the south, is a designated major Highway dedicated to a variable width of 155 feet and improved with curb, gutter and sidewalk.

National Blvd., adjoining the subject property to the east, is a designated Secondary Highway, dedicated' a variable width of 80 to 90 feet and improved with curb, gutter and sidewalk.

Ellis Ave., adjoining the property to the west, is a local street dedicated a variable width of 50 to 55 feet and improved with curb, gutter and sidewalk.

PRIOR CASES

Subject Property:

Case No. 201 0-0304(CUB) -On September 22, 2010, the Zoning Administrator approved a conditional use permit for the sale and dispensing of beer and wine only for on-site consumption at an existing restaurant with live entertainment.

Case No. 1999-0080-(CUB)- On April 15, 1999, the Zoning Administrator approved at the subject market premise a conditional use permit for the sale and dispensing of beer and wine only for off-site consumption at an existing market.

FINDINGS

a. Describe briefly how the proposed project will be proper in relation to adjacent uses or the development of the community. The subject business has been in existence with off-site beer and wine sales since 1999. The subject site's placement for alcohol use has therefore been established as proper in relation to adjacent uses by this over 11-year presence in the area. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales. The subject site is located near many single-family and multi-family residential developments and gives these residents easy access to daily staples. Many residents are able to walk to the market from their houses. The accessibility of a full­line of alcoholic beverages is a convenience many consumers seek from the markets they patronize.

Vena Market also carries a variety of international products that caters to the growing ethnic population of the area. By locating the proposed project in this area, not only is the use proper but it will also aid the public convenience by giving residents an option for fulfilling their shopping needs in the immediate vicinity. The added value of granting the proposed use thereby serves a goal of the Community Plan goal which seeks to promote," ... a strong & competitive commercial sector which promotes economic vitality, serves the needs of the community through well designed, safe and accessible areas ... "

The addition of full-line alcohol service at the existing market will bring this use within walking distance of neighboring residential areas, and the placement of this proposed accessory use at this food-focused location will ensure that most alcohol purchases are paired with food. The added revenue from alcohol sales will bolster the economic vitality of the subject business, while improving the function of how it services the neighboring resident's food and beverage needs.

Jhis meets another objective of the Plan which seeks " ... to promote distinctive tommercial districts and pedestrian-oriented areas" Granting an upgrade to full-line alcohol sales at this location allows the business to develop economically, and meets the needs of area residents who benefit from having said use located within walking distance of their place of employment or residence. This results in a use which is both proper and positive in its relation to adjacent uses.

b. Why does applicant believe the location of the project will be desirable to the public convenience and welfare. The subject site is conveniently located near many single-family residential dwellings in the surrounding neighborhood. Vena Market serves the needs of the area's commercial and residential zones with its offerings of food, sundries and staples, and provides these items within walking distance of these neighboring areas.

The placement of the proposed use will service these residents at a location which is convenient for pedestrians to access. Many of these patrons will enjoy the option of

having a full-line of alcoholic beverages available for purchase at a local market rather than having to drive to farther flung locations. This in turn eases traffic congestion and fossil fuel consumption in lessening unnecessary car trips. This approach to shopping serves the Community Plan by reducing the amount of automobiles trips in residential areas. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales.

The Plan seeks to " ... reduce vehicular trips" It also eases on the need of public transportation by offering proximity to goods, services, and facilities. In this day and age, the impact of fuel consumption cannot be denied with gas prices reaching nearly $100 per barrel. A better approach to reduce the consumption of fossil fuel is walking, leaving the car itself behind. Placing services within walking distance of residential areas makes this an option for our citizens and gives them the ability to exercise their conscience and legs by patronizing businesses in the immediate vicinity.

c. Describe how the proposed project will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the various elements and objectives of the General Plan. The Vena Market has been in existence with beer and wine since 1999. Its presence in the area has been established and its impact is beneficial. With its offerings of needed staples in a convenient location the market is a vital part of the area's infrastructure. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off­site beer and wine sales.

Development in the immediate neighborhood is a mix of industrial uses, miscellaneous automobile related uses such as repair shops and used car sales, retail commercial, office uses, parking facilities and multi-family residential. The existence of a market with full line alcohol service is a convenience which will have a beneficial impact on these other areas, as residents, employees and business owners will benefit from having this use located within walking distance. Full alcohol service is expected by many patrons of local markets, who prefer shopping at these outlets rather than driving to large chain retail markets.

To allow uses such as that of the proposed project fosters a more neighborhood­focused approach for residents who can rely on their nearby resources for daily staples, rather than traveling outside the area for their shopping needs. In addressing the growing population of the area the Palms-Mar Vista-Del Rey Community Plan must allow and develop commercial uses along with this growing population. As areas of the City of LA and the City of Culver City, become more dense, locating uses such as that of the proposed project in proximity to residential areas will aid the public convenience, reducing vehicular traffic and congest}on with a more "pedestrian oriented" approach to commercial access.

The Palms-Mar Vista-Del Rey District Plan designates the subject property for Light Industrial development with corresponding zones of MR2, M2 and P and Height District No. 1VL. The subject market is within an M1 zone which is permitted and conforms to the adopted Plan. The market will help promote one of the components of General Plan which seeks to, " ... promote an arrangement of land use, circulation,

and services which will encourage and contribute to the economic, social and physical health, safety, welfare, and convenience of the Community." Proposed hours of operation shall end at 11:00 p.m. nightly. The food-focused nature of the market will result in most full alcohol purchases being sold in conjunction with food purchases. The existing and proposed uses are consistent with the site's commercial zoning and underlying Plan designation. Granting of the proposed use will be in harmony with the underlying Plan designation.

d. Will the approval of the Conditional Use at this location adversely affect the economic welfare of the community? Why? No, the approval of the Conditional Use is fully in line with other uses in the area, and will benefit the economic welfare of the community. As stated above, the subject site is close proximity to single-family residential buildings, office buildings and shopping center. The large number of residential units requires infrastructure resources to fulfill their weekly shopping needs. The existing use on-site has been well established, and the proposed project only seeks to augment this use. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales.

Given the food-focused nature of the Vena Market, nuisance activities do not occur on site as they would at other problematic locations such as a liquor store or bar. The addition of a full line of liquor with expand the range of services offered on site and will strengthen the financial base of operations. This serves a goal of the Community Plan which seeks, " ... an economically vital commercial sector offering a diversity of goods and services to meet the needs of the Community Plan area."

These aims are served in granting the proposed Conditional Use as the subject business will be allowed to develop its services and thereby economically, aiding the betterment of the area, meeting existing and anticipated needs of the populace and protecting the ownership's investment. By granting uses which improve the economic condition of its constituent businesses, the area thereby bolsters its own economic condition and positively benefits its overall fiscal well-being. Strengthening the economic base of this business adds to the tax-paying base of the City and is thereby good for the economic welfare of the community as a whole.

e. Will the approval of the Conditional Use result in or contribute to an undue concentration of such establishments? Why?

The subject site lies within Census Tract 2701.0. According to statistics from the California Department of Alcohol Beverage Control, there are 3 off-sale licenses allotted to this tract. Currently there are 4 off-sale licenses issued. However, the existing market is already licensed for off-sale beer and wine privileges. This application is for an upgrade only, so in essence, there will be no additional license issued since it would only augment one that is already in existence.

Furthermore, ABC concentration statistics are calculated based on the residential population within the census tract in which the subject market is located. In the instant case this creates an artificially high count for the subject census tract. The apparent over-concentration of licenses based solely on the population of the particular census tract is overstated. In fact, the labor force and the visitors in the

area are much larger than the residential population. If the day/evening working and visiting population were taken into account the demand and number of allowed licenses would be much higher.

f. Will the approval of the Conditional Use detrimentally affect nearby residentially zoned properties? Why? The proposed upgraded alcohol sales will occur at an existing market and are for off­sale purposes only. This type of arrangement will not result in the negative impacts associated with on-sale establishments such as bars and nightclubs, and is viewed by most market-going patrons as a convenience, rather than a nuisance. The subject site is on a busy commercial thoroughfare, surrounded by other industrial and commercial uses. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales.

The existing market with off-sale beer and wine has been in place for many years, so the addition of an accessory full line alcohol service use would be ancillary to the main function of the business. In this capacity, its impact will be beneficial to nearby residential areas, allowing those people to fulfill weekly shopping needs at one location, within walking distance, eliminating the need for driving or taking public transportation to farther-flung chain outlets.

Furthermore, the subject site is physically buffered from area residential uses by industrial and commercial developments adjacent to the east of the subject property. There will be no noise associated with the market as it is a self-contained structure. All of these measures will ensure that the proposed use will only be a beneficial one to the area's residential zones and serve their convenience and welfare by locating this use within walking distance.

g. What are the proposed hours of operation and which days of the week will the establishment be oper!? What are the proposed hours of alcohol sales? Proposed hours of operation are from 6:00a.m. to 11:00 p.m., Monday through Sunday. Proposed hours of alcohol sales are the same as the hours of operation.

h. What is the occupancy load as determined by the Fire Department (number of . patrons)? What is the proposed seating in ail areas? , ~'There '"fs no seating as the location functions as a market, not as a restaurant.

i. Is parking available on the site? If so, how many spaces? If spaces are not available on the site, have arrangements been made for off-site parking by lease or covenant? Where? How many off-site spaces? The subject site maintains 70 on-site parking spaces.

j. Is there to be entertainment such as a piano bar, jukebox, dancing, live entertainment, movies, etc.? (Specify?) (Onmsite only) ., No.

k. Is a full line of alcoholic beverages to be served or just beer and wine? A full line of alcoholic beverages is requested to be sold. Beer and wine is currently sold for off-site consumption.

I. Will cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises? (Off-site only) Yes, but in large pre-packaged quantities only.

m. If a cocktail lounge is to be maintained incidental to a restaurant1 the required floor plans must show details of the cocktail lounge and the separation between the dining and lounge facilities. (On-site only) Not applicable. No cocktail lounge is planned.

n. 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? No.

o. Will video game machines be available for use on the subject property and if so, how many such machines will be in use? No.

p. Will you have signs visible on the outside which advertise the availability of alcohol? Yes.

q. Will alcohol be sold without a food order? Will there be a kitchen on the site as defined in Section 12.03 of the Los Angeles Municipal Code? Alcohol may be sold to patrons without a food order. There will not be a kitchen on site as defined in section 12.03 of the LAMC as the subject site will function as a market, not as a restaurant, and will not offer any food prepared to order.

r. Will beer or wine coolers be sold in single cans or will wir:Je be sold in containers less than 1 liter (750 ml)? Yes.

s. Will "fortified" wine (greater than 16% alcohol) be sold? Yes.

t. ;wm ofl:.site sales of alcohol as a secondary use to on-site sales occur (i.e.~ take out)? Off-site sales will be the only form of alcohol sales. The license sought is a Type 21 Off-Sale General, for off-site consumption (take out) of a full-line of alcoholic beverages.

u. Will discount alcoholic drinks or a "Happy Hour" be offered at any time? N/A.

v. Will security guards be provided and if so, when and how many? No.

w. Will alcohol be allowed to be consumed on any adjacent property under the control of the applicant? Noo

x. Will the gross sale of alcohol exceed the gross sale of food items on a quarterly basis? No, it is expected that gross food sales shall exceed gross alcohol sales. The applicant/operator shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the applicant/operator. Said records shall be kept no less frequently than a quarterly basis and shall be made available to the Planning Department upon request.

y. Provide a copy of the proposed menu if food is to be served. N/A. The subject request is for of-site sale, no food prepared on site.

z. How many employees wm you have on the site at any given time? 2 employees shall be on site at any given time.

aa. What security measures will be taken including:

(1) Posting of Rules and Regulations on the premises. Rules and regulations shall be posted prominently on the walls adjacent the entrances.

(2) To prevent such problems as gamblingl loitering, theft, vandalism and truancy. Staff and management shall monitor and discourage the above activities. Any such activity will be addressed, documented and if necessary, the appropriate authorities will be contacted.

(3) Will security guards be provided and if sol when and how many? No.

(4) Other measures. The applicant shall prepare a security plan to the satisfaction of the Los Angeles Police Department. A copy of said plan, approved by the Police Department, shall be submitted to the Zoning Administrator for inclusion in the file. The security plan shall include but not be limited to addressing such features as the provision of a surveillance system, installation of alarms on entryways, security lighting.

The applicant owner and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manage the facility to discourage illegal and criminal activity on the subject premises and any accessory parking areas over which they exercise control.

All employees involved with the sale of alcoholic beverages shall enroll in the Los Angeles Police Department "Standardized Training for Alcohol Retailers" (STAR). Upon completion of such training, the applicant shall request the Police Department to issue a letter identifying which employees completed the training. The applicant shall transmit a copy of the letter from the Police Department to the Zoning Administrator as evidence of compliance. In the event there is a change in the licensee, within one year of such change, this training program shall be required for all staff.

bb. Will there be minimum age requirements for patrons? If so, how will this be enforced. Yes, any patrons wishing to purchase alcoholic beverages must be 21 years of age and over. This will be monitored by staff who will check identification for proof of age before sale of alcohol. There will be no minimum age requirement for patrons who do not wish to purchase alcoholic beverages. The establishment will function as a market and as such, will cater to patrons of all ages.

cc. Are there any schools (public or private and including nursery schools) churches or parks within 1,000 ft. of your proposed business? Where? No sensitive uses within the area.

dd. For massage parlor or sexual encounter establishment applicants: are there any other adult entertainment businesses within 1,000 feet of your proposed establishment (i.e., adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater)? Not applicable.

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

SITE: R905 VENICE BLVD, LOS ANGELES, CA 90034

ALCOHOLIC BEVERAGE OUTLETS BETWEEN 600'-1000' RADIUS

NEW ALBERTSONS INC 8985 VENICE BLVD

GARFIELD BEACH CVS LLC 8985 VENICE BLVD

SYILP 3229 HELMS AVE

CULINARY CAFE LLC 8777 WASHINGTON BLVD

FULL LIQUOR OFF~SALE

FULL LIQUOR OFF~SALE

FULL LIQUOR ON-SALE

BEER & WINE ON-SALE

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LINN K. WYATI .lTV OF LOS ANGELE DEPARTMENT OF

CITY PLANNING CHIEF ZONING .~OMIN~S-TR,\TOR CALIFORNIA

ASSOCIATE ZONING ADMINISTRATORS

R. NICOLAS BROWN

MICHAEL J. LOG RAN DE DIRECTOR

SUE CHANG lOURDES GREEN

fERNf\NDO TOVAR OfFICE OF

ZONING ADMINISTRATION MAYA E. Zi\ITZEVSI<Y

200 N SPRING STREET, 7 1 ~~ flOOR

lOS ANGfl.fS, C\ 900'11

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UBI'Jn-'1315 f.~X: 11131978-1334

ANTONIO R. VILLARAIGOSA www. planning.lacity.org

December 23, 2011

Rupinder Kaur (A) Vena Market 8905 Venice Boulevard, #1 08 Los Angeles, CA 90034

Fairmont Properties, LP (0) c/o Reliable Properties 6399 Wilshire Boulevard, Ste. 604 Los Angeles, CA 90048

Wil Nieves (R) 21250 Hawthorne Boulevard, #700 Torrance, CA. 90503

MAYOR

CASE NO. ZA 2011-0169(CUB) CONDITIONAL USE 8905 Venice Boulevard, #1 08 and 109 Palms-Mar Vista-Del Rey Planning Area Zone M1-1 D. M. : 1238169 C. D. : 10 CEQA: ENV 2011-170-MND Legal Description: Lot 281, Tract 625

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

a request for a conditional use permit for the sale and dispensing of a full line of alcoholic beverages for off-site consumption in conjunction with an existing market which is to be expanded in size,

upon the following additional terms and conditions:

1. All bther u·se, 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 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.

AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE AC::T!ON EMPLOYER

CASE NO. ZA 2011-0169(CUB) PAGE 2

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. 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 an upgrade from the sale of beer and wine only for off-site consumption in an existing 2,033 square-foot market to a full line of alcoholic beverages for off-site consumption, in conjunction with an expansion into an adjacent 927 square-foot vacant check cashing facility (2,960 square feet total) in an existing mini~shopping center with 68 parking spaces in the M 1-1 Zone, with hours of operation from 6 a.m. to 11 p.m., seven days per week. The hours of alcohol sales are proposed to be the same as the hours of operation for the market.

8. This grant shall have a life of five years after which the grant entitlement shall be 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 on-site consumption.

9. Th~. appli[.:;ant shall secure a City permit decal denoting approval of alcoholic be"erage sales from a Planning Department public counter subsequent to the Zoning Administrator's signature on the Planning Department sign-off form and mourit it on either the inside of the window of the subject site facing the front street or on the outside of the building (if inside mounting is not possible). The decal shall be visible at all times and mounted before the privileges granted herein are utilized.

10. Parking shall be provided in accordance with the requirements of the Los Angeles Municipal Code to the satisfaction of the Department of Building and Safety. No variance from said requirements has been requested or granted herein.

11. This approval is for the off-site sale of alcoholic beverages and no sale for on-site consumption shall be permitted on the premises.

12. There shall be no coin operated games or video games of similar entertainment machines or activities permitted on the site.

CASE NO. ZA 2011-0169(CUB) PAGE 3

13. There shall be no outdoor public telephone on the portion of the premises under the control of the applicant Any public telephones shall be installed within the store so as to be observable by employees or management of the store at all times that the store is open for business.

14. All of the rules and regulations of the State of California Department of Alcoholic Beverage Control shall be observed in the sale and dispensing of alcoholic beverages on the premises.

15. No loitering or public drinking signs shall be posted outside of the facility and in the parking area.

i 6. The applicant shall comply with all of the requirements of the Caldera Bill with respect to public necessity findings by the Legislative Body where either high crime or over concentration of licenses exist in the area.

17. All employees will complete the Alcohol Beverage Control (ABC) License Education on Alcohol and Drugs Program (LEAD).

18. Single cups or individual bags of ice in quantities less than five pounds will not be sold-at any time. Cups and ice will only be sold in manufacturer prepackaged quantities.

19. The project shall fully comply with all of the mitigation measures stated in Environmental Clearance Case No. ENV-2011-170-MND and which have been listed below as conditions of this instant action.

a. Public Services (Police)

In order to mitigate any potential impacts, all employees involved with the sale of alcoholic beverages shall enroll in the Los Angeles Police Department "Standardized Training for Alcohol Retailers (STAR)". Upon completion of such training, the applicant shall request the Police Department to issue a letter identifying which employees completed the training.

20. Prior to the issuance of any permits relative to this matter, a covenant acknowledging and agreeing to comply with all the terms and conditions established herE!in 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 Zoning Administrator for approval before being recorded. After recordation, a certified copy bearing the Recorder's number and date shall be provided to the Zoning Administratorfor attachmentto the subject case file.

OBSERVANCE OF CONDITIONS ~TIME LIMIT - LAPSE OF PRIVILEGES m TIME EXTENSION

CASE NO. ZA 201 i-0168(CUB) PAGE 4

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

TRANSFERABILITY

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

VIOLATIONS OF THESE 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 violp.tion Qf this determination is punishable as a misdemeanor and shall be punishabl~ 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 JANUARY 9, 2012, 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

CASE NO. ZA 2011-0169(CUB) PAGE 5

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:

Figueroa Plaza 201 North Figueroa Street,

4th Floor Los Angeles, CA 90012 (213) 482-7077

Marvin Braude San Fernando Valley Constituent Service Center

6262 Van Nuys Boulevard, Room 25'1 Van Nuys, CA 91401 (818) 374-5050

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 of the Zoning Analyst thereon, the statements made at the public hearing on December 13, 2011, 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 conqitional use permit under the provisions of Section 12.24-W have been established by the following facts:

BACKGROUND

The property is an irregular-shaped property 48,007 square feet in size, with a frontage of 173 feet along the west side of National Boulevard, a frontage of 268 feet along the north side of Venice Boulevard, and a frontage of 130 feet along the east side of Ellis AV;enue. It is improveq with a shopping center (Venice-National Center) that includes a Goodwill store, a Laundromat, a market, a retail store, a vacant tenant space, and the subject premises, along with parking. The parking lot fronts along National Boulevard, with the existing subject premises opening onto and fronting on Venice Boulevard.

Properties to the north are zoned M1-1 and are improved with automobile-oriented businesses. Properties to the east, across National Boulevard, are zoned (Q]CM-1VL and are improved with a two-story office building. Properties to the southeast, across the intersection of Venice Boulevard and National Boulevard, are zoned [Q]CM-1VL and are

CASE NO. ZA 2011-0169(CUB) PAGE6

improved with a learning supplies store. Properties to the south, across Venice Boulevard, are zoned Mi-1, and are improved with commercial frontages and a body shop. Properties to the west, across Ellis Avenue, are zoned Mi-1 and are improved with auto oriented businesses.

The general area is an island of light industrial uses in an area of low density multifamily residential uses. To the east along Venice Boulevard is the Helms Bakery complex, where a previous bakery has been re-purposed into a designer sales area. To the south of the Venice Boulevard frontage is the City of Culver City, where light industrial uses are also located.

Venice Boulevard is a Scenic Divided Secondary Highway with a width of 45 feet (north roadway), with a median of 60 feet and a south roadway of 50 feet, and is fully improved.

National Boulevard is a Secondary Highway with a width of 90 feet and is fully improved. An on-ramp to the Santa Monica Freeway east is located 1 ,000 feet to the north of the subject property along National Boulevard.

Ellis Avenue is a Local Street with a width of 55 to 57 feet and is fully improved.

Previous zoning related actions on the site/in the area include:

Subject Property

Case No. ZA 99-0080(CUB)- On April15, 1999, the Zoning Administrator approved a request for a Conditional Use to permit the sale and dispensation of beer and wine for off-site consumption in conjunction with an existing retail market in the M1-1 Zone.

Case No. ZA 20i 0-0304(CUB}- On September 22, 2010, the Zoning Administrator approved a request for a Conditional Use to permit the sale and dispensation of beer anq wine for on-site consumption in conjunction with an existing restaurant with live entertainment in the C2-1 D Zone.

Building Permit No. 98016-30000-06134- On June 24, 1998, a permit was issued for a change of use from manufacturing to retail (mini-mall).

Surrounding Properties

' Case No. ZA 2007 -1130(CUE)- On September 26, 2007, the Zoning Administrator approved a request for a Conditional Use to permit the sale and dispensation of beer and wine only for on-site consumption in conjunction with an existing restaurant (Sabor a Mexico), at 8940 National Boulevard

LETTERS TO THE FILE

Los Angeles Police Departmem! Ann E. Young, Captain Commanding Officer. Detective Support and Vice Division ~August 4, 2011

CASE NO. ZA 2011-0169(CUB) PAGE 7

On March 29, 2011, Detective Support and Vice Division (DSVD), Los Angeles Police Department (LAPD), conducted a Standardized Training for Alcohol Retailers (STAR) presentation at the Ahmanson Recruit Training Center (5651 W. Manchester Ave., Los Angeles). The three-hour presentation provided those in attendance with in-depth training into Alcoholic Beverage Control (ABC) rules and regulations.

The Los Angeles City Zoning Administration mandates that ABC retailers attend a STAR training presentation as a Conditional Use Permit/Beverage (CUB) condition. This correspondence will serve to advise you that Guinderpal Singh, of your staff, participated in the training presentation and is thereby in compliance with the CUB condition pertaining to STAR training at the 8905 Venice Boulevard, #108, Los Angeles, location. Should your CUB require STAR attendance, it is your responsibility to notify the Los Angeles City Zoning Administration regarding compliance with this condition. Please maintain this letter in your business files as proof of attendance.

It is the goal of the LAPD to promote the responsible sales, service, and consumption of alcoholic beverages thereby reducing alcohol-related crimes. By participating in the STAR training program, you and your employees have been given an opportunity to reduce the negative impact irresponsible alcoholic beverage service has on our communities. By working in partnership with the LAPD, you have demonstrated your commitment to assisting in the overall goal of responsible ABC retail operations.

If you have any questions or would like additional information, please contact Sergeants Stephen Moore or Fernando Garcia, Operation ABC, DSVD, at (213) 486-0910.

Los Angeles Police Department- Email- December 6, 2011

We seized an illegal gambling machine there a couple of months ago but other than that no problems. I have not heard from LA Zoning yet on this matter but I am sure I will. Thank You. Sergeant Mark Griego.

Petition in~~upport- Approximately 480 Signatures

We, the undersigned, hereby state that we are in favor of the granting of a license upgrade and expansion from an existing off-sale beer and wine license (Type 20) to a full line alcoholic beverage license (Type 21) by the City of Los Angeles Planning Department and the State of California Alcoholic Beverage Control Board to Rupinder Kaur, dba Vena Market, located at 8905 W Venice Blvd., #108 & 109, LA, CA 90034.

The granting of this case will allow the owner to operate a market from 6:00AM until11 :00 PM everyday for the enjoyment and convenience of the surrounding community.

PUBLIC HEARING

A Notice of Public Hearing was sent to nearby property and or occupants residing near the subject site for which an application, as described below, had been filed with the Department of City Planning. All interested persons were invited to attend the public

CASE NO. ZA 2011-016~(CUB) PAGE 8

hearing at which they could listen, ask questions, or present testimony regarding the project.

The public hearing was held by the Office of Zoning Administration on Tuesday, December 13, 2011 at approximately 1:00 p.m. in the West Los Angeles Municipal Building Second Floor Hearing Room located at 1645 Corinth Avenue in Los Angeles, CA 90025

The Project Planner was Antonio lsaia and he can be reached at (213) 978-1353 or email at [email protected].

The subject property was identified as being located at 8905 Venice Boulevard, #108 and 109.

The matter was heard under Case Nos.: ZA 2011-0169(CUB) and CEOA No.: ENV 2011-170-MND. The project site was identified as being located in Council No.: 10 and the Palms-Mar Vista-Del Rey Community Plan Area. The property is zoned M1-1.

The applicant was identified as being the Vena Market and they were represented by Wil Nieves.

At the public hearing the Zoning Administrator considered:

1. A Conditional Use Permit, pursuant to the provisions of Section 12.24-W, 1 of the Los Angeles Municipal Code, to allow an upgrade from the sale of beer and wine only for off-site consumption in an existing 2,033 square-foot market to a full line of alcoholic beverages for off-site consumption, in conjunction with an expansion into an adjacent 927 square foot vacant check cashing facility (2,960 square feet total) in an existing mini-shopping center with 68 parking spaces in the M 1-1 Zone, with hours of operation from 6:00a.m. to 11 :00 p.m., seven days per week. The hours of alcohol sales are proposed to be the same as the hours of operation for the market.

2. Pur;:;uant to Section 21082.1 (c)(3) of the California Public resources Code, adopt theiMitigated Negative Declaration (MND) for the above referenced project.

The purpose of the hearing was to obtain testimony from affected and/or interested persons regarding the project. The environmental document was among the matters considered at the hearing. The decision maker considered all the testimony presented at the hearing, written communication received prior to or at or subsequent to the hearing, and the merits of the project as it relates to existing environmental and land use regulations.

(

At the public hearing the applicant appeared as did a representative from the affected City Council Office for the area. The project and the instant file were reviewed. In reviewing the instant file the Zoning Administrator read the materials contained within said file and reviewed the exhibits and radius maps indicating the various land uses within the affected radius. The proceedings were then opened to public comment and the following points were considered:

CASE NO. ZA 2011-0169(CUB) PAGE 9

,. The applicant's representative related the history of the site and stated that the prior approval was a deemed to be approved conditional use. This was later corrected after the public hearing to state that the prior alcohol sales use had been established by conditional use.

It was not brought forward clearly that the prior approval was for beer and wine only, and that the new conditional use was for a full line.

" Considerable time was spent describing a "quarter gaming machine" and how it had been confiscated by the LAPD as being a gambling machine. The applicant's representative stated the action of the Pol ice had been struck down by the court, but a later review of the file did not reveal any proof of such a court action. Further it was not brought forward by the applicant's representative that game machines had been specifically prohibited by the underlying conditional use.

There was discussion with the Council Office representative who had concerns about the game machine, but did not report any nuisance activities or complaints associated with the subject site.

" The applicant's lease was discussed, and they stated that they were in the midst of a 2-year term but would be signing or had signed for an extension of an additional term of 5-years. There was no proof of such action in the file. Based on those statements the Zoning Administrator indicated that a 7 -year iong grant would be reasonable, but in the absence of proof of terms, and the difficulties over the game machine, that stated term has been reduced to 5-years starting from the effective date of this action.

The nature of the interior was discussed, and the applicant's representative described the use as a bona fide market, but photos later sent to the file seemed to show the market as being dominated by beverages, alcoholic and non-alcoholic, and snacks. These photos did not give the impression of the site being a full service nei€Jhborhood market. ·

'

Following this testimony there was discussion with the applicant and the Zoning Administrator determined that the subject location is proper in relation to adjacent land uses and the development of the community and acted to verbally grant the applicant's request, pending receipt of additional materials and noting that said approval would not become official until issued in writing and that when issued the grant would carry with conditions of operation. This Letter of Determination constitutes such a writing.

Subsequent to the public hearing, there was an exchange of email between the applicant's representative and the Zoning Administrator in which copies of photos of the interior of the premises and the game machine were transmitted along with first a recanting of the statement that the applicant would forego installation of any game machines and then a reversal of that reversal. Further, the Zoning Administrator in reviewing the file noted:

1. There was no proof that the court had found the subject game machine to be legal

CASE NO. ZA 2011-0169(CUB) PAGE10

2. That the term page of the lease submitted with the application had been torn off and that the lease appeared to only have a lim it of 2 years from August 3, 201 0. There was no proof that a 5-year time extension had been granted to the lessee.

3. That the interior ofthe market appears to be dominated by alcoholic beverages and snack foods.

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 a full line of alcoholic beverages for off-site consumption 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.

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.

Applicant's Statement

The location of the project will be desirable to the public convenience and welfare because the subject site is conveniently located near many single-family residential dwellings in the surrounding neighborhood. Vena Market serves the needs of the area's commercial and residential zones with its offerings of food, sundries and staples, and provides these items within walking distance of these neighboring areas.

Th~ place;:nent of the proposed use will service these residents at a location which is convenient for pedestrians to access. Many of these patrons will enjoy the option of having a full-line of alcoholic beverages available for purchase at a local market rather than having to drive to farther flung locations. This in turn eases traffic congestion and fossil fuel consumption in lessening unnecessary car trips. This approach to shopping serves the Community Plan by reducing the amount of automobiles trips in residential areas. The proposed project seeks to expan9 into an adj9cent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales.

The Ptan seeks to" ... reduce vehicular trips" It also eases on the need of public transportation by offering proximity to goods, services, and facilities. In this day and age, the impact of fuel consumption cannot be denied with gas prices reaching nearly $100 per barrel. A better approach to reduce the consumption of fossil fuel is walking, leaving the car itself behind. Placing services within walking distance of residential areas makes this an option for our citizens and gives them the ability to

CASE NO. ZA 2011-0169(CUB) PAGE 11

exercise their conscience and legs by patronizing businesses in the immediate vicinity.

Additional Statements Made by the Applicant

Proposed hours of operation are from 6:00 a.m. to 11:00 p.m., Monday through Sunday. Proposed hours of alcohol sales are the same as the hours of operation.

There is no seating as the location functions as a market, not as a restaurant.

The subject site maintains 70 on-site parking spaces. A full line of alcoholic beverages is requested to be sold. Beer and wine is currently sold for off~site consumption.

Will cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises? Yes, but in large pre-packaged quantities only.

No cocktail lounge is planned.

There will be no video game machines available for use on the subject property.

Signs visible on the outside which advertise the availability of alcohol.

There will not be a kitchen on site as defined in section 12.03 of the LAMC as the subject site will function as a market, not as a restaurant, and will not offer any food prepared to order.

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

"Fortified" wine (greater than 16% alcohol) will be sold. ~t ' ~

No security guards will be provided.

Alcohol will not be allowed to be consumed on any adjacent property under the control of the applicant.

It is expected that gross food sales shall exceed gross alcohol sales. The applicant/operator shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the applicant/operator. Said records shall be kept no less frequently than a quarterly basis and shall be made available to the Planning Department upon request.

The subject request is for off-site sale, no food prepared on site.

2 employees shall be on site at any given time_

CASE NO. ZA 2011 ~0169(CUB) PAGEi2

Rules and regulations shall be posted prominently on the walls adjacent the entrances.

Staff and management shall monitor and discourage the above activities. Any such activity will be addressed, documented and if necessary, the appropriate authorities will be contacted.

The applicant shall prepare a security plan to the satisfaction of the Los Angeles Police Department A copy of said plan, approved by the Police Department, shall be submitted to the Zoning Administrator for inclusion in the file. The security plan shall include but not be limited to addressing such features as the provision of a surveillance system, installation of alarms on entryways, security lighting.

The applicant owner and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manage the facility to discourage illegal and criminal activity on the subject premises and any accessory parking areas over which they exercise control.

All employees involved with the sale of alcoholic beverages shall enroll in the Los Angeles Police Department "Standardized Training for Alcohol Retailers" (STAR). Upon completion of such training, the applicant shall request the Police Department to issue a letter identifying which employees completed the training. The applicant shall transmit a copy of the letter from the Police Department to the Zoning Administrator as evidence of compliance. In the event there is a change in the licensee, within one year of such change, this training program shall be required for all staff.

Patrons wishing to purchase alcoholic beverages must be 21 years of age and over. This will be monitored by staff who will check identification for proof of age before sale of alcohol. There will be no minimum age requirement for patrons who do not wish to purchase alcoholic beverages. The establishment will function as a market and as sur:;h, will cater to patrons of all ages.

$

No sensitive uses within the area.

Zoning Administrator's Discussion

Previously on Apri115, 1999 the Zoning Administrator acted under Case No. ZA 99-0080(CUB) and pursuant to Los Angeles Municipal Code Section 12.24~C,42, to approve a request for a conditional use to permit the sale and dispensing of alcoholic beverages (beer and wine) for off-site consumption in conjunction with an existing 2,033 square-foot retail market in the Mi-1 Zone, all subject to additional terms and 14 conditions. Those conditions have been largely carried forward in this instant action. That action became effective after April 30, 1999 unless an appeal was filed. There is no record of such an appeal to be found in this file.

In making the April 15, 1999 grant the Zoning Administrator found in part that:

CASE NO. ZA 201i-Oi69(CUB) PAGE 13

"The applicant describes the market as full service. Alcohol will only be sold incidental to the other products already being sold at the market. For these reasons it is felt by the applicant that the market will fulfill a need that is unmet in the community and will be wholly appropriate. The Administrator concurs, that if operated as conditioned herein, the market will provide a clear benefit to the community with very little detriment from the controlled sale of alcoholic beverages in the context of a full service market."

Now in this current action it can be found that a site inspection was conducted by the Project Planner on Thursday, November 17, 2011, at 11 :25 a.m. He reported that, "The store was neat and clean.", and "It was verified that beer and wine was in the rear cooler, with no indication of any other type of alcohol.", " It was also verified that the tenant space to the south of the store was vacant."

The Project Planner went on to report that, "Parking within the neighborhood was near capacity, with street parking space occupancy at 60% along Venice, and 90% along NationaL The center parking lot was at 70% capacity.''

The Project Planner also observed that, "Several bus stops were noted in the area, notably the Metro 220 and the Big Blue Bus on National at Venice." Further, he reported that, "Graffiti was sparse, but some was noted along the center's perimeter wall, and on a building on the north side of Venice at Hutchinson, 1/4 mile east of site."

The Project Planner also stated that, "The current alcohol license expired recently, on Halloween, October 31."

In this instant action, the Zoning Administrator has observed that the use is established, and that the proposed expansion gives indication that the market is successful at this location. There is concern for the Zoning Administrator over the emerging nature of the business and the trouble over the game machine, but the healing w~s not controversial and there are no complaints from the Police, or the surrounding community. Thus the Zoning Administrator is able to find that the proposed location will be desirable to the public convenience or welfare.

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

Applicant's Statement

The proposed project will be proper in relation to adjacent uses or the development of the community because the subject business has been in existence with off-site beer and wine sales since 1 999. The subject site's placement for alcohol use has therefore been established as proper in relation to adjacent uses by this over 11-year presence in the area. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales. The subject site is located near many single-family and multi-family residential developments and gives these residents

CASE NO. ZA 2011-0169(CUB) PAGE 14

easy access to daily staples. Many residents are able to walk to the market from their houses. The accessibility of a full-line of alcoholic beverages is a convenience many consumers seek from the markets they patronize.

Vena Market also carries a variety of international products that caters to the growing ethnic population of the area. By locating the proposed project in this area, not only is the use proper but it will also aid the public convenience by giving residents an option for fulfilling their shopping needs in the immediate vicinity. The added value of granting the proposed use thereby serves a goal of the Community Plan goal which seeks to promote, " ... a strong & competitive commercial sector which promotes economic vitality, serves the needs of the community through well designed, safe and accessible areas ... "

The addition of full-line alcohol service at the existing market will bring this use within walking distance of neighboring residential areas, and the placement of this proposed accessory use at this food-focused location will ensure that most alcohol purchases are paired with food. The added revenue from alcohol sales will bolster the economic vitality of the subject business, while improving the function of how it services the neighboring resident's food and beverage needs.

This meets another objective of the Plan which seeks " ... to promote distinctive commercial districts and pedestrian-oriented areas" Granting an upgrade to full-line alcohol sales at this location allows the business to develop economically, and meets the needs of area residents who benefit from having said use located within walking distance of their place of employment or residence. This results in a use which is both proper and positive in its relation to adjacent uses.

Zoning Administrator's Discussion

In 1999 the Zoning Administrator found that the location is proper in relation to adjacent uses or the development of the community and that finding can again be mafle he[~- The site is located in an intense traffic circulation area and is surrounded by commercial and light manufacturing uses. There is some residential uses but they are located about a block away, close enough for their inhabitants to walk to the market, but distant enough to be buffered from any noise impacts the market might cause. Further the hours of the market are limited, and this will, by operation of the market, limit the hours of sale of alcoholic beverages. Thus, the required finding can be made in the affirmative.

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

Applicant's Statement

The proposed project will not be detrimental to the character of development in the immediate neighborhood because the Vena Market has been in existence with beer and wine since 1999. lts presence in the area has been established and its impact is beneficiaL With its offerings of needed staples in a convenient location the market is

CASE NO. ZA 2011-0169(CUB) PAGE15

a vital part of the area's infrastructure. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full-line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales.

Development in the immediate neighborhood is a mix of industrial uses, miscellaneous automobile related uses such as repair shops and used car sales, retail commercial, office uses, parking facilities and multi-family residentiaL The existence of a market with full line alcohol service is a convenience which will have a beneficial impact on these other areas, as residents, employees and business owners will benefit from having this use located within walking distance. Full alcohol service is expected by many patrons of local markets, who prefer shopping at these outlets rather than driving to large chain retail markets.

Zoning Administrator's Discussion·

In 1999 the Zoning Administrator found that:

According to testimony at the public hearing, the community appears to need a convenient market where local purchases can be made, particularly as the subject market also specializes in specialty items from India and the Middle East. These products are desirable for the neighborhood fulfilling a need that is now missing in the area. Rather than representing a detriment to the character ofthe neighborhood it will provide needed groceries, baked goods, specialty items and the like to those who must now travel outside of the neighborhood to obtain these items. A recent letter to the file from a neighborhood association noted that the neighborhood is better served by the subject market being within walking distance and observed that there are no other convenience markets nearby where daily necessities may be purchased without having to drive out of the immediate area.

The market sells a variety of goods including canned items, dry goods, meats and dairy products. The market is small but it provides a convenient and safe environment for local shopping. The addition of beer and wine would only add to the neighborhood's convenience, particularly with the availability of other items, as noted herein and the development of the site with-security lighting and the ample parking. The applicant anticipates that beer and wine sales will account for less than 10 percent of the gross sales of the market. Being located at the intersection of two major highways the site also offers ease of access for those who might drive from nearby areas to the facility to purchase necessities or specialty items.

The sale of beer and wine will be conditioned and controlled at the market. Employees will be required to attend a course in the proper sale and dispensing of alcoholic beverages. Alcohol sales will not be the principal reason for the market's existence, rather it will be an adjunct service provided together with the full range of market services already being extended by this local market. The liquor area wi!l be primarily confined to the coolers and some shelves and will not take up additional floor space. The addition of

CASE NO. ZA 201 1-0169(CUB) PAGEi6

these beer and wine products should not, therefore, result in a detriment to the community if operated responsibly as conditioned herein.

Now, it can be observed that the public hearing on this matter was not controversial, there are no letters in the file in opposition to the use. Other than the issue about the game machine the Police have been silent as to any possible troublesome impacts. The Council Office is neutral, but appears to have supported the limited term grant made herein. Thus, it can be found that the use will not be materially detrimental to the character of the development in the immediate neighborhood.

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

;jpplicant's Statement

The proposed project will be in harmony with the various elements and objectives of the General Plan because to allow uses such as that of the proposed project fosters a more neighborhood focused approach for residents who can rely on their nearby resources for daily staples, rather than traveling outside the area for their shopping needs. In addressing the growing population of the area the Palms-Mar Vista-Del Rey Community Plan must allow and develop commercial uses along with this growing population. As areas of the City of LA and the City of Culver City, become more dense, locating uses such as that of the proposed project in proximity to residential areas will aid the public convenience, reducing vehicular traffic and congestion with a more "pedestrian oriented" approach to commercial access.

The Palms-Mar Vista-Del Rey District Plan designates the subject property for Light Industrial development with corresponding zones of MR2, M2 and P and Height District No. iVL. The subject market is within an M1 zone which is permitted and conforms to the adopted Plan. The market will help promote one ofthe components of General Plan which seeks to) " ... promote an arrangement of land use, cirqulation, and services which will encourage and contribute to the economic, social and physical health, safety, welfare, and convenience ofthe Community." Proposed hours of operation shall end at i 1 :00 p.m. nightly. The food-focused nature of the market will result in most full alcohol purchases being sold in conjunction with food purchases. The existing and proposed uses are consistent with the site's commercial zoning and underlying Plan designation. Granting of the proposed use will be in harmony with the underlying Plan designation.

Zoning Administrator's Discussion

The Palms-Mar Vista-Del Rey Plan Map designates the property for Light Manufacturing land uses with non-corresponding zones of M2 and MR2 and Height District No. i. The property is within the area of the any specific plan or interim

·control ordinance.

In i 999 the Zoning Administrator found that:

CASE NO. ZA 2011-0169(CUB) PAGE17

"The subject market, while a retail use, is nevertheless permitted in the existing M1 Zone and by reference conforms to the adopted plan. Industrially planned areas also permit commercial uses, only residential uses are restricted from these areas. The Plan, additionally provides for the appropriate location of uses in harmony with the Plan and for the provision of needs and services to various neighborhoods within the Plan area. By locating where it is the subject market will serve the needs of the local community for convenience shopping. By so doing it implements the goals and objectives of the distrlct plan."

Now, the Zoning Administrator has observed that the Community Plan text does not specifically address the requested conditional use for the sale of alcoholic beverages, however, the Los Angeles Municipal Code authorizes the Zoning Administrator to grant the requested conditional use in the zones corresponding to the Plan land use designation. Further, the General Plan promotes the provision of services throughout the city in locations that are convenient to the public yet do not impact nearby properties. Thus, it can be found that the subject request is in harmony with the various elements and objectives of the General Plan.

ADDITIONAL REQUIRED FINDINGS

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

Approval of the Conditional Use at this location will not adversely affect the economic welfare ofthe community because the approval of the Conditional Use is fully in line with other uses in the area, and will benefit the economic welfare of the community. As stated above, the subject site is in relatively close proximity to single­family residential buildings. The residential units require infrastructure resources to fulfill their weekly shopping needs. The existing use on-site has been well established, and the proposed project only seeks to augment this use. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full.:line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales.

Given the applicant's representation of the food-focused nature of the Vena Market, and that nuisance activities do not occur on-site, the addition of a full line of liquor with expand the range of services offered on site and would seem to strengthen the financial base of operations. This serves a goal of the Community Plan whicf! seeks, " ... an economically vital commercial sector offering a diversity of goods and services to meet the needs of the Community Plan area." Strengthening the economic base of this business adds to the tax-paying base of the City and is thereby good for the economic welfare of the community as a whole."

6. The proposed use will not result in an undue concentration of premises for the sale or dispensing of alcoholic beverages in the area of the City involved giving consideration to applicable State laws and the California Department of Alcoholic Beverage Control's guidelines for undue concentration 9 the crime

CASE NO. ZA 2011-016B(CUB) PAGE18

rate in the area, and whether revocation or nuisance proceedings have been initiated for any use in the area.

The applicant has stated that approval of the Conditional Use will not result in or contribute to an undue concentration of such establishments because the subject site lies within Census Tract 2701.0. According to statistics from the California Department of Alcohol Beverage Control, there are 3 off-sale licenses allotted to this tract Currently there are 4 off-sale licenses issued. However, the existing market is already licensed for off-sale beer and wine privileges. This application is for an upgrade only, so in essence, there will be no additional license issued since it would only augment one that is already in existence.

The Project Planner has reported that according to the State of California Department of Alcoholic Beverage Control licensing criteria, 4 on-sale and 3 off-sale licenses are allocated to subject Census Tract No. 2701.00. There are currently 6 on-site and 4 off-site licenses in this Census Tract.

Within a 1 ,000-foot radius of the subject property, the following types of alcoholic beverage licenses are active or pending:

(1) Type 20 Off-Sale Beer and Wine (2) Type 21 Off-Sale General (0) Type 40 On-Sale Beer (2) Type 41 On-Sale Beer and Wine - Eating Place (0) Type 42 On-Sale Beer and Wine- Public Premises (0) Type 47 On-Sale General - Eating Place (0) Type 48 On-Sale General - Public Premises

Alcoholic Beverage Outlets Between 600'-1 000' Radius as Identified by the Applicant

New Albertsons Inc '\~ "·,

Garfield Beach CVS LLC Sy I Lp Culinary Cafe LLC

8985 Venice Blvd 8985 Venice Blvd 3229 Helms Ave 8777 Washington Blvd

Full Liquor Off-sale' Full Liquor Off-sale Full Liquor On-sale Beer & Wine On-sale

Statistics from the Los Angeles Police Department reveal that in the subject Crime Reporting District No. 1409, which has jurisdiction over the subject property, a total of 222 crimes were reported in 2010, compared to the citywide average of 169 crillJes and the high crime reporting district average of 203 crimes for the same period. Thus it can be said this is an area of moderately high crime.

In 2010, there were 9 Narcotics, 0 Liquor Law, 1 Public Drunkenness, 0 Disturbing the Peace, 0 Disorderly Conduct, and 33 OWl related arrests. These numbers do not reflect the total number of arrests in the subject reporting district over the accountable year. Arrests for this calendar year may reflect crimes reported in previous years. Thus, there does seem to be an over-concentration of such facilities.

CASE NO. ZA 2011-0169(CUB) PAGE 19

7. The proposed use will not detrimentally affect nearby residential zoned communities in the area ofthe 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 applicant has stated that approval of the Conditional Use will not detrimentally affect nearby residentially zoned properties because the proposed upgraded alcohol sales will occur at an existing market and are for off-sale purposes only. The applicant has gone on to argue that this type of arrangement will not result in the negative impacts associated with on-sale establishments such as bars and nightclubs, and is viewed by most market-going patrons as a convenience, rather than a nuisance. The applicant has observed that the subject site is on a busy commercial thoroughfare, surrounded by other industrial and commercial uses. The proposed project seeks to expand into an adjacent lease space and upgrade/add a full line of alcoholic beverages for off-site sales to the existing off-site beer and wine sales.

The applicant contends that the existing market with off-sale beer and wine has been in place for many years, so the addition of an accessory full line alcohol service use would be ancillary to the main function of the business. It has been argued that in this capacity, the market's impact will be beneficial to nearby residential areas, allowing those people to fulfill weekly shopping needs at one location, within walking distance, eliminating the need for driving or taking public transportation to farther-flung chain outlets.

Furthermore, the applicant has stated that the subject site is physically buffered from area residential uses by industrial and commercial developments adjacent to the east of the subject property. There will be no noise associated with the market as it is a self-contained structure. All of these measures will ensure that the proposed use will*only be a beneficial one to the area's residential zones and serve their convenience and welfare by locating this use within walking distance.

The Project Planner observed that there were no sensitive uses observed within a 1 ,000-foot radius of the subject property.

Thus, in light of all that has been said above it can be found that the approval of the Conditional Use at this location will not be detrimental to the nearby re$idential zoned properties because it was previously observed, and remains largely true today, that, "Properties along Venice Boulevard adjacent to the subject property are developed with retail, service and office uses. Surrounding areas to the north of the site are developed with commercial/manufacturing uses, and a variety of retail and office uses. The Santa Monica Freeway (Rte. 1 0) is located approximately 600 feet to the north of the subject property. Light manufacturing, auto repair and fast food uses are located to the south across Venice Boulevard. Southerly of these frontage uses development is within the City of Culver City. There are some residential uses nearby but they are generally several hundred feet removed from the subject

CASE NO. ZA 2011-016Sl(CUB) PAGE 20

premises. Both National Boulevard and Venice Boulevard are Major Highways, and Venice is a divided highway with a median that varies from 50 to 75 feet in width in the subject area."

ADDITIONAL MANDATORY FINDINGS

8. The National Flood Insurance Program rate maps, which are a part of the Flood Hazard Management Specific Plan adopted by the Clty Council by Ordinance No. 172,081, have been reviewed and it has been determined that this project is located in Zone X, areas determined to be outside 500-year flood plain.

9. On November 23, 2011, a Mitigated Negative Declaration (ENV 2011-170-MND) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that with imposition of the mitigation measures described in the MND (and identified in this determination), there is no substantial evidence that the proposed project will have a significant effect on the environment. I hereby adopt that action. This Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750,200 North Spring Street.

ALBERT LANDINI Associate Zoning Administrator Direct Telephone No. (213) 369-0552

AL:Imc

cc: Councilmember Herb Wesson Tenth District

Adj6ining Property Owners

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PAGE 632

GRIO H-7

CeO. 10 ""WESSON. JR

C.T> 2701.00 P.A PALMS-MAR VlsrA­

DEL !l!'Y

CONDITIONAL USE CASE NO:

LEGUIO

ir3 ON-S!TE COHSUMPTIDN. OF' fULL UN£ AlC.OHOUC BEVERAGES

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NET ACRES

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USES: F1ELO

CONTACT PERSON:

PHON£ NO:

2011 169

VENA ARKET

8905 VENICE

LOS ANGELES

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CA,. 9003

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FLOOR PLAN SITUS: 8905 VENlCE BLVD. #108-109

LOS ANGELES, CA 90034

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FAIRMONT PROPERTIES RELIABLE PROPERTIES

6399 WILSHIRE BLVD#6Ci4 LOS ANGELES CA 90048-5709

20

VENER STEPHAN M & ELLEN M & FAMIL

3364 FEDERAL AVE LOS ANGELES CA

85

8919 NATIONAL BLVD LLC PO BOX3050

90066-2007

CULVER CITY CA 90231-3050

ALCOHOLIC BEV LIC CO 10-08 It 11500 W OL YMPlC BL#400 LOS ANGELES, CA 90064

2

AHLC 10-0&1

ABUITING LIST

KOSVEN ROSALIND & FAMILY 12050 CLOVER AVE LOS ANGELES CA 90066-1004

21

ENGLE ENID & TRUST 78 6920 AU I DR KAILUA KONA HI 96740

86 WINN MICHAEL J & KAREN R & FAMILY 8565 MILBURY RD SAN DIEGO CA 92129-3365

WIL NIEVES 21250 HAWTHORNE BL., #700 TORRANCE, CA 90503

11

DONALD W. RABY 3430 ENCINAL CANYON RD MALIBU CA 90265-2415

46

LA CITY 200 N SPRINT ST LOS ANGELES CA

87 GROUP INVESTMENT II! FREDMIR

9631 W OLYMPIC BLVD

90012

BEVERLY HILLS CA 90212-3750

APPLICANT 8905 VENICE BLVD. #108 IDS ANGELES, CA 90034

8905 W Venice Blvd

Bldg· Alter/Repair Commercial Regular Plan Check Plan Check

.L TRACT

TR 625 TR 625 TR625 TR625

:!., PARCEL INFORMATION

LOT<>l

3l0 311 312 283

Area Planning Commission -West Los Angeles LADES Branch Office- WLA Council District • I 0 CmpL Fill Grd. - CFG 2500 Census Tract- 270LOO

ZONES(S): M 1-]

1

4. DOCUMENTS

AFF- 98-1039223

5. CHECKLIST ITEMS

Special Inspect- Concrctc>2.5ksi Special Inspect- Epoxy Bolts Special Inspect- Field Welding

Application t'

Plan Check#. u008093

Event Code:

City of Los Angeles· Department of Building and Safety

APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY

COUNTY MAP REF~

MB 18-125 MB 18-125 M B 18-125 MB 18-125

98016- 30000- 06134 Printed: 03/08/12 12:17 PM

Issued on: 06/24/1998

Last Status: Permit Closed

Status Date: 07111/1999

PARCEL lD ~ £!'1!i /!1

l23Bl69 1446 123Bl69 1459 123Bl69 1470 1238169 1481

I, ASSESSOR PARCEL#

4312·011-037 4312-011-037 4312-011-037 4 312 - 011 - 03 7

Energy Zone - 8 Lot Type- Corner Hillside Grading Area- YES Hillside Ordinance - YES Highway Dedication - YES Lot Size · !RR

Special Inspect · Shotcrete Special Inspect- Structural Observation Fabricator Reqd " Shop Welds

Thomas Brothers Map Grid- 632

Fabricator Reqd -Structural Steel

6. PROPERTY OWNER. TENANT. APPLICANT lNI'ORMATlON

Owner(s): Fairmont Properties 6399 Wilshire Blvd STE 604 LOS ANGELES CA 90048

Tenant

Applicant: (Relationship: Agent for Owne1) Cyrus Harouni • 6334 Wilshire Bl LOS ANGELES, CA 90048 (213) 65!-0909

L. Ji:XISTING USE PROPOSED US!!; !!., DESCRIPTION OF WORK

(12) Manufacturing (l 6) Retail change of usc from manufacturing to retail (minimall). remove structural walls, new doors/windows, new store front

:2:. !f. Bldg~ oo Sft~ & Usc: 2) MANUFACTURING For inspection requests, call toll-free (888) LA4BUILD (524-2845). Outside LA County, call (213) 482-0000 or request inspections via

10. APPLICATION PROCESSING INFORMATION www.ladbs.org. To speak to a Call Center agen~ call3l 1 or BLDG. PC By: Helll!J Zhou ..... ,, DAS PC By: Oscar Diaz (866} 4LAClTY (452-2489}. Outside LA County, call (213) 473-3231.

OK lor Cashier: HeiGh Zhou Coord. OK:

Signature: Date: For Cashier's Use Only W/0 #: 81606134

lL PROJECT VALUATION.§;. FEE INFORMATION I•'inal fee P<riod

Permit Valuation: $600,000 PC Valuation: '"·············--------- -- --· -------- --- ·- ··-····· ~--------

FlNAL TOTAL Bldg-Alter/Repair 5,634.84 Permit Fee Subtotal Bldg-Aiter!Re 2,778.75 Handicapped Access Supp. Plan Check 2,\15.00 Plan Maintenance 55.58 '

Fire Hydrant Refuse-To-Pay E.Q. Instrumentation 126.00 Supp. O.S. Surcharge 101.51 Supp. Sys. Surcharge 304.52 Planning Surcharge Mise Fee 5.00 Supp. Planning Surcharge 148.48 Permit Issuing Fee

Sewer Cap !0: Total Bond(s) Due: ~

11111111111111111111111111111111111111111111111111111111111111111111 11111111111111111111111 P 9 8 0 1 6 3 0 0 0 0 0 6 1 3 4 F N *

13. STRUCTURE INVENTORY (Nute: Numerk m~llSur-erncnt d<1' 'II~ formnt 11 :~mmber/ numbe-r" implies "change !n numer~-c value/lola].·

(NC) Floor Area (ZC): 20486 Sqft (P) Height (ZC): 38.33 Feet (NC) Lcn;_~th: 175 Feet (NC) Stories: I Stories (NC) Width: 129 Feet (E) F2 Occupancy: +20486 Sqftl Max Occ. (P) M Occupancy: +20486 Sqft I Max Occ. (P) Parking Req'd for Bldg: +67 Stalls I Stalls (P) Provided Compact for Bldg: 34 Stalls (P) Provided Disabled for Bldg: 3 Stalls

!.:1, APPLICATION COMMENTS·

(P) Provided Standard for Bldg: 37 Stalls (P) Type Tll-N Constnction

,. Approved Seismic Gas Shut-Off Valve may be required*' Existing manufacto1y building onlot28l-283 (7500SF) with no parkings has J 5 parking the req'd credit to parking: 85-15,•67. Existing building on lot31 0-312 is to be demolished for new parking bt. Lot tie affidivit is recorded

lli. BUILDING HELOCATEP ]IRQ!'<';

ADDRESS

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!§., CQNTHACTOH, AHCHITECT & ENGINEER NAME

(A) Harouni, Faradj-Ollah (E) Solcymani, Habib K

6334 Wilshire Blvd, 1917 Parnell Ave,

Los Angeles, CA 90048 Los Angeles, CA 90025

(0) Owner-Builder

93016- 30000" 06134

LICENSE~

Cl3577 S2575 0

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VENA ARKET

8905 VENICE

lOS ANGELES

VICINITY MAP

.Si!e Description Parking Hoquirad

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8905 WVENICE BLVD #108-109

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FLOOR PLAN SITUS: 8905 VENICE BLVD. #108~109

LOS ANGELES, CA 90034

CASHIER

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CASE No:

10' ----DATE: JANUARY 18, 2011 SCALE: 1 /8" = 1' CAD BY: E.R. ODOM

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