APPLICATION FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY"

ALCOHOLIC SAES

Pursuant to Section 23958 and 23858.4 California Business and Professions Code

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

COUNCIL FILE NO. f{-fJ537J BACKGROUND INFORMATION TIME LIMIT FILE: ______ _

As part of the application, the applicant must submit the names and addresses of property owners of all property adjacent (including across the street/alley) to the subject property on gummed labels. Applicant must also submit the following information: 1) notarized signature, 2) a site plan prepared by a map maker (see Planning Department for map maker's list), 3) one 4-by 6-inch picture of the property from each side of the site, and 4) a copy of all previous building permit for the site (Room 40m 201 North Figueroa Street). When you meet with ABC to get the crime and license concentration information for your site, you must bring back the ABC information (on the ABC form) to the City Clerk.

Project Name

Address

Type of Business

Applicant

Property Owner

Representative

_Pattern Bar ____________________ _

100 West gTH Street __________________ _

_Public premises bar with full line, on-site alcoholic beverages , entertainment and dancing.

_Eduardo Castillo ________________ ....--__ _ Name _315 East 8th Street, L.A., CA. 90014 _____________ _ Address _ (917) 519-7779_FAX Number N/A _____________ _ Phone Number/Fax Number

_Los Angeles Apparel Mart, LLC _______________ _ Name _1 12 West 9TH Street, Suite 1200 Los Angeles, CA. 90015_ Address

Phone Number/Fax Number

_CLR ENTERPRISES, Inc. c/o Lee Rabun ____________ _ Name _420 S. San Pedro St. L.A., CA. 90013 _____________ _ Address _ (213) 229-4300 Office, No FAX number ____________ _ Phone Number/Fax Number

A. PROJECT DETAILS

THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS:

1. Has the City previously approved a conditional use pennit for alcoholic beverage sales at this site? Yes _X_ No _If Yes, what is the City case number(s)_ZA 2010-1 055(CUB)(CUX), approved on March 9, 2011 _______________ _

2. Have you recently filed for a new conditional use permit? Yes _X_ No_. If Yes, provide the City

Case number(s) _ZA 2010-1055(CUB)(CUX) _____ _

3. Has a previous ABC license been issued? Yes_ No _X_. If Yes, when and what type of license

4. Type of Alcohol Sales Requested (on-or off-site beer and wine, full alcohol, etc.): _Type 48, full line on-sale general. _________________ _

5. Size of Business _3760 square feet, providing 123 seats __________ _

6. % of ftoor space devoted to alcoholic beverages _3760 square feet. ________ _

7. Hours of Operation:

a. What are the proposed hours of operation and which days of the week will the

establishment open? _10:00 am to 2:00am, daily ___ _

b. What are the proposed hours of alcohol sales? _10:00am to 2:00am daily __

8. Parking: a. Is parking available on the site? (If so, how many spaces?) _None on-site_

b. If spaces are not available on the site have arrangements been made for off-site

parking by lease or covenant? _20 off-site at the Joe's parking lot. by lease __

c. Where? _Joe's Parking lot abutting the site to the south _______ _

d. How many off-site spaces? __ 20 ________ _

9. Has the owner of lessee of the subject property been suspended from the sale of alcoholic beverages on the subject property or fined by the Alcoholic Beverage Control Department (ABC) in the last 365 days and if so, for what reasons? Provide ABC case number and a copy of final ABC action.

__________ NO __________________________________________ ___

10. Will video game machines or pool or billiard tables be available for use on the subject property and if so. How many? NO __________ _

11. Will you have signs visible on the outside which advertise the availability of alcohol ? NO __

12. How many employees will you have on the site at any given time? 2-10 ____ _

13. Will all employees 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 rules and regulations on the premises to prevent such problems as gambling, loitering, theft, vandalism and truancy.

b. Will security guards be provided and if so, when and how many?

_State licensed and bonded security guards at the rate of one guard for every 50 patrons from 6:00p.m. until one-half hour after closing. __

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

_This is a public premises pursuant to section 23039 Business & Professions Code. Therefore, no person under the age of 21 years is allowed to enter or remain therein._

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

1)The Orpheum Theater, Type 47, 842 S. Broadway St. 2) KB Mini Mart, Type 20, 308 West STH St. 3) Jason Wine & Spirits, Type 21, 110 East 9TH St. 4) Broadway bar, Type 48, 830 S. Broadway St. 5) Tony's Mini Mart, Type 21, 224 West 9TH St. 6) L'Angolo Cafe, Type 41, 101 West 9Th St.

17. Are there any schools (public or private and including nursery schools) churches or parks within 1,000 feet of your proposed business? Where? (Give Address)

__________ NONE. ______________________________________ __

18. Will the exterior of the site be fenced and locked when not in use? _Yes, steel roll-up doors ____________ _

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?

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

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

4. Will "fortified" wine (greater than 16% alcohol) be sold? _________ _

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

1. What is the occupancy load as determined by the Fire Department (number of patrons)? _1 08 for first floor. Basement load pending. __________ _

2. What is the proposed seating in all areas? _123 _____ _

3. Is there to be entertainment such as a piano bar, juke box, dancing, live entertainment, movies, etc.? {specify)?~ There will be live entertainment, bands, etc., as well as patron dancing. The owner, Mr. Castillo is an accomplished classical Opera composer and singer. __

4. If a cocktail lounge is to be maintained incidental to a restaurant, the required floor plans must show details of the cocktail lounge and the separation between the dining and lounge facilities.

_____ The premises is a Type 48 bar/lounge.

5. Food Service

a. Will alcohol be sold without a food order? _YES __________ _

b. Will there be a kitchen on the site as defined in the Los Angeles Municipal Code?

_An all electric kitchen exists, and there is food service. _____ _

6. Will discount alcoholic drinks or a "Happy Hours" be offered at any time? YES. There will be a happy hour where alcoholic beverages, and food will be discounted no more than 20%, which has been approved by LAPD

Provide a copy of the proposed menu if food is to be served. _____ See attached menu ________ _

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 our 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 beverages 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)

_On March 9, 2011, Conditional Use Permit Number ZA 2010-1055(CUB)(CUX) was approved. As part· of this approval, the Zoning Administrator made findings in the affirmative to all of these issues. A copy of that determination is attached.

2. Possible Detrimental Impacts

Is the immediate area in which the license is sough subject to: {Check with your local Pollee 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.

___ The Los Angeles Police Department, and the Downtown Los Angeles Neighborhood Council· have both issued letters supporting the issuance of this license. The Police Department is the recognized decision maker in items a through d, and the Neighborhood Council weighs in on these matters as the experts about what happens in this neighborhood.

3. With regard to the operation of the groposed business explain:

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

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

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

The City Council will evaluate these factors and make a decision on the overall merits of your request. Therefore, you should answer below as to why you believe any of these above listed beneficial or detrimental conditions apply to your project and provide any documented proof to support your belief. **

a) This bar with entertainment is the brainchild of Eduardo Castillo, a classically trained

musician, composer and performer. He has an extensive background in the music

industry and has management level experience in the hospitality industry. This

business venture is his dream, combining both of his professional worlds. There will

be no minors (under 21) allowed in the premises at any time, although there will tile

be food service. The menu has been designed by a Chef of some renown. All

employees wlll receive STAR and/or LEAD training, and be at least 21 years of age

also.

b) There is no other business operation similar to this anywhere in downtown Los

Angeles.

c) This public premises (no one under 21 years of age) will be a neighborhood bar in

the daytime, designed for the Fashion District professional, hence the name:

"Pattern Bar". This concept carries the approval of the Fashion District BID and

DLANC. There are no other premises similar to it downtown, and no other option to

the sale of alcoholic beverages.

F. Applicant's Affidavit

Under penalty of perjury the following declarations are made:

a. The undersigned is the owner or lessee if entire site is leased, or authorized agent of

the owner with power of attorney or officers of a corporation (submit proo~.

b. The information presented is true and correct to the best of my knowledge.

Appli: Sig~ Hacdz _g0 JJ?J/ ~

Date SignattJ(e' of property owner if tenant or lessee

Is filling application

************

State of 0. ~· ~c:£,1l County of iJ:is A(!je:/6-s On tfJ3j?ofnt1 before me, CcfoG lt6R.l?.~£-..VtJ d,~zz y~!tc

I Date Name of Notary Public

Personally appeared l.)iC·ct£AJ 3,":.,-u.Jc:!/ arne (s) of Signer(s)

Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)

is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in

his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the

entity upon behalf of which the person(s) acted, executed the instrument.

WITNES~ffiy-n"".,.,__,_,, //~ CARLOS A. BARRENO

Commission# 1836303 ;;!;

Notary Public • California ~ Los Angeles County -

My Comm. Ex Ires Mar 3, 2013

* 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 additional pages to your response if needed. Please utilize numbering system of this form to

assist in the review of the responses.

THE TROUBLESHOOTER 22225 Leadwell Street Canoga Park, CA 91303 (818) 346-4096

1. LA APPAREL MART LLC 112 w 9TH ST #1200 LOS ANGELES, CA 90015

176. 101 BENSON LLC 3837 BROADWAY PL LOS ANGELES, CA 90037

10-2846 CLR ENTERPRISES INC 420 S SAN PEDRO ST #225 LOS ANGELES, CA 90013

ABUTTING OWNERS LIST 100 w 9TH ST LOS ANGELES, CA 90014

2. 918 BROADWAY ASSOC LLC 600 S SPRING ST #1700 LOS ANGELES, CA 90014

183. JAMISON CALIF MARKET 2235 FARADAY AVE #0 CARLSBAD, CA 92008

10-2846 ALPRATT 22225 LEADWELL ST CANOGA PARK, CA 91303

12. STEVE NEEDLEMAN P 0 BOX 55047 LOS ANGELES, CA 90055

10-2846 PATTERN BAR 100 w 9TH ST LOS ANGELES, CA 90014

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Event Code:

Bldg-Alter/Repair City of Los ,<\ngeles- Department of Building a~d Safety Commercial APPLICATION FOR BUILDING PERMIT Last Status: Ready !o Issue Plan Check at Count~r Plil/1 Check AND CERTIFICATE OF OCC"LPANCY Status Date; li/24<Wl0

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Van Nuvs. CA 914% La Canada, CA 910ll

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l PER'\-IIT :f.XP'rRATIONIR..E.FL~D.S: Thi.s permir expZre.:: !wo yea."""S. after the: date oft..'ll: pemm issuance. This pemUt ...... ill 11lso- e-xp1.1e ifn.o c\Jr.:nn)r;;:jon work is p-r.:rfomwd for:;. car~Unuoa.s.

I pen<XI of! SO da)'S (S~. 98.0601 LAM C). Claims lor rcound .;f fcc> paid mllSt be fikd "llhin <m< year from tho date of ••pimtiOIJ for pemms granted by LADBS (Stt :;: l 1 & ?2. 13 LAMC). The perm; nee IM}' b., cnnued to ~lmbl(f~Omen! of pennit fe<s ifilie Departmc.ot f:ul< to <ooduct i!1l ltl'J"'Ctitm within 60 days ofrecei,mg a requ""t for final m<;,ccci~n (liS I 7951;

P. l..lCEli'SED COiloTRACTOR'S DECLARATION f hereby affi.rm under penalty ofpeQ"')-' tlm 1 am ~c=d un<Jcr the pmvisions cf Chap~cr 9 (<:<~mmencipg "'th Sccr.an ~00·') of Dmsicn 3 of the Bus mess :md Prafe<>mn~ Cede. •nd my httns< ism full force and effect. Tne followi.og npphcslo B contr><lcr. only: I undon!aed ~~c ilmit>tio"" ofSo,tion 705i efthc Business •nd Profoss1ocal CO<Je rdote~ to my ~bility IV take prime contro.cts or sulx:oDrncts invc; ving 5pcciah:y traCe-s

Liocme Closs: B Lie. No.. 292923 Contractor. CE!'iTfRUNE CO!'iSTRUCflON MANAG[MENT COMP~\'1'

!8. WORXERS' COMPENSATIOO'liJECL..._tu:no:-o [hereby aJfmn. undcr Jl'.'llalt)' of perJury, ono of the following dodarations:

U! have and will maintain a ~crtificate of conser.rro sdf insure fot wor<crs' <nm~tion, as pro>1dcd for by s,ction 3700 {)fthe Lnbor Code, for the perfotm<illce of li1o "ark for w!uch, this y-ermi• i.s ~ssued.

u J hJY~ and wl!J main~ worktrs' eo.rnpensaticn insllraru;e, .il5 required by Section 3700 oft.1e La.'JQr Code, r~.r th-e pa:fo-T.I2..'1Ce- of the ..,...·o:k for wh~ch this pt;TTD~! j$ i~::::J.("i.!. M:-­wo:-kcr.;' cornpens.ation in.suranc.c carrier &"~d policy tli.lmbet are·

C:.uner: Manufacturt3 Allianre Ins C3. ______ ?ohcy :-.Juml>er·~~:w_a_o_o_l_ll_l4_3_3_l_3_Z __ -'---·-··-~

U f <<!tify that ir. the p•rfmmance of lbe wmk fer which ~!us permit t5 i<sued, 1 shall no! employ any person or. 3JlY :nann::! So"-" to become •ubjtCI to ~J,e worker:>' oom;>ensllicn laws ofCalifoml3, and a;uee tim lfl mould become subject ID the WOfkers' cor.tpef6at1Cfi pro,isicm of Sc:tion '·700 of the Labor Code, r maU fcrtb .. 1th comply wnh those prOVJ.Slons.

W ARN!NG: FAILURE TO SECVR£ WORKERS' COMPENSAT!OS COVERAGE IS !Jl'lA l!iF:;L, A.'-T> SHALL SU3JECT AN E.\.!P;.OYER TO CRL'-!l!'IAL pf;>;ALTIES AND CJ V[L FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($iW,OOO).J.'i AD DITtON TO TIIE COST OF COMPENSATION, DAMAGES AS PROVITJ'o:> FOR lN SECTION 3706 OF THE LABOR CODE. WTEREST, AND A TTORl'IE'CS FEES.

I !9. ASBESTOS RE~lOYAt DECLARATIO:"i! LEAD 1!~4.110 WARNtNC i cmtiy \lull notifical!on of asbestos remo•'al is either oor applicable "' hil.S l;een sub!Illtled lO the AQl\.10 or EPA asP"' sect'on 19827 5 of 1he f i<~l!h ond Safery CO<le Jnformolinn " a·;ai!•b!c ~~ (909) 3~2:136 a.od the notification form at wv.w agmd.<ilv. ~ad safe wnmuctlon pr.t<!i<~ >rc required ,.,t,':" dc':;'g,repa~rs tha• diS: .ill> p;llc.;_ U1 pre-1918 buildings due 10 the pre>< nco of I cod ;::cr

! ~d,on 61]6 and 6717 of the Lab<Jr Code JnfurmatJO!liS ~-·~ble or Health Scmces fer lA Cou.11y at fSOO) )2~-5o2, or '"• State ct Cahforrua at (BOO) 591.5}2] o< "'"" dhs <a IV' '"'"!dle•d

W. CONSTRlCTlO-" U:f"Dii'iG ACE:>in' DECLARATION ! hereby 3:ffi.rm u.'lder pen.ilry of perjury that tJ;ere 1$ .a c~m:rmc1ion fenrl;og a~~m:y lOr the pcrform3.J'.ce. of !.he '-"~-Crk ior ·,vtn-ch this p-c:r.u~ t5 usucd (S~c. J0-:t7. Ci·~1! Code). Lend<:rs aa.'J)C (if anyy LenWs add:tss

!L FINAL DECLARATION

; ce~1fy rhar I h.we reod lhos application !NCLl!OING TilE ABOH: DI:Ct.ARATIO~S a.od mto that Ihe al:m·e informaricn l7'1CIXOU'IC TilE ABOVE DECU.Rc\T!Ot\'S !5 cor:-ec< I >!7<" lo .;:o:i}pJ:r wu.h all :;1ty and county ordinancCs ar.d sute !aws. rela1ing Jo bui !rnng construchon. :m.a hereby authc-n.tc ~cp~a:entah•oes of :.hJs CH)-' !0 enter t:pcn ~he abcv::-mcm:ioncd pre perry f.:; r inspce::uon p;.u-posr:s. l realize that thts permt~ is an <l9Pih:::aticn far !.nSptl·[IOP. and th.:rt :t doe-s not apprc~,c or Jud"Jc-.m-e ilic • .,-ork 5pc0:ti.c-d hcn:::m. and if does no1 a~at~on?c or pe11m1 4-""~r .. -u·,;<l!ic-ll..:r h~urc: lo co:np~) wnh any ~ppjic~ble lJw. Furthezm.ore. :ru~i-dler the Ci-ty cf Los A'igeles r.or .a.."'ly bQilid . .:!e;::3.1""1rK::l1 ul1i~;;cr, ar employee I hereof. 11;akc any warranl)', nur Skill be res!X)ns,bk fl)i' cho pc:-fO..-rm..'lCc or results of a.."Jv work .dc..scnbcd hcrd:n. nor the cc:nd.i1icn of !he prnpcrt}' nor the .sc1l ·otj){l:F \\'hi.:h such work is performed. I furt .. 'ler affirm under pe1u1~ty of peryury, rh:it th~ proposed

t Yl-Qfk \111n fl01 d~trO)' Of unr~asOILl"b-ly lOI-erfef!! ~~>)th 8.nJ .aCCeSS Or tft!jty e"Ol.Seme;Jf bei:J.ng-,ng :iO 0lhet5 3IIC lOCated OB my proptrl)"T bUt i_n th~ e;:\·l:m ~!J-c.h \iot:rk i.Jo:~ !j~;:,:roy OJ tmn:;:;,IJI;i.olJ~y (U\trft::.:t!

y,;th such ~aserrrenr. a subsnnnc e.uemen~(s) $ltlisfaclory to the ho!der(s) of !he easem:m w1lllie p;o>ilied (Sec. 9l 0106 43 4 LAMC).

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LINN K. WYATI CHIEF ZONING ADMINISTRATOR

riTY OF LOS ANGELEP DEPARTMENT OF CITY PlANNING

ASSOCIATE ZONING ADMINISTRATORS

R. NICOlAS BROWN SUE CHANG

LOURDES GREEN MAYA E. ZAITZEVSKY

CALIFORNIA MICHAEL J. LOGRANDE

DIRECTOR

OFFICE OF ZONING ADMINISTRATION

200 N. SPRING STREIT, 7'" FloOR LOS ANGElES, D\ 90012

(213)978,1318

fAX: (213) 978-1334

ANTONIO R. VILLARAIGOSA www.planning.lacity.org

March 9, 2011

Eduardo Castillo (A) Pattern Bar 100 West 9th Street Los Angeles, CA 90014

Los Angeles Apparel Mart, LLC (0) 112 West 9th Street, Suite 1200 Los Angeles, CA 90015

Lee Rabun (R) CLR Enterprises, Inc. 420 South San Pedro Street, Suite 225 Los Angeles, CA 90013

MAYOR ·

CASE NO. ZA 2010-1055(CUB)(CUX) CONDITIONAL USE 1 00 West 9th Street Central City Planning Area Zone : C2-4D D. M. 127.5A209 C. D. : 14 CEQA : ENV 2010-1056-MND Legal Description: Lot 1, Tract 1857

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

a conditional use to allow the sale and dispensing of a full line of alcoholic beverages for on-site consumption; and

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

a conditional use to permit public dancing with live entertainment, in conjunction with a proposed bar/lounge on a lot zoned C2-4D,

upon the following additional terms and conditions:

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

2. The use and development of the property shall be in substantial conformance with the plot plan 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 ACTION EMPLOYER

CASE NO. ZA 2010-1055(r 1JB)(CUX) PAGE2

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. Authorizations/Uses and restrictions:

a. The sale and dispensing of a full line of alcoholic beverages shall only be for on­site consumption. The sale of alcohol beverages for consumption off the premises is strictly prohibited. The sale of beverages in conjunction with "to-go food orders" or orders for delivery shall not be permitted.

There shall be no services, sales or possession of an alcoholic beverage or food on any sidewalk. No alcoholic beverage shall be consumed on any property adjacent to the licensed premises under the control of the licensees.

b. The subject premises shall be limited to 123 patron seats, 46 of which are on the ground floor and the remaining 77 seats in the basement; and, 3,760 square feet of floor area, 1 ,560 square feet on the ground floor and 2,200 square feet in the basement as shown on Exhibit "A".

The patron seats above shall not exceed the maximum capacity/occupancy permitted by the Los Angeles Fire Department and the Department of Building and Safety. The applicant shall submit the patron capacity/occupancy approved by the Los Angeles Fire Department and the Department of Building and Safety to the Zoning Administrator for the file.

Notwithstanding any Fire Department occupancy limitations that exceed these restrictions, the applicant shall post the Zoning Administrator's occupancy restrictions next to the posting of the Fire Departmenfs occupancy sign.

c. The hours of operation shall be between 10 a.m. and 2 a.m. daily.

After-hours use of the premises other than for routine clean-up and maintenance shall not be permitted. Hours of operation shall be posted at the entrance of the subject premises and on the menu.

CASE NO. ZA 2010-1 055C, 1B)(CUX) PAGE3

After one year from the utilization of the grant, if the applicant wishes to extend the hours of operation until4 a.m. on Friday and Saturday, the applicant shall file an Approval of Plans application. Notice of the public hearing shall be provided within a 500-foot radius, to the Council Office and the Los Angeles Police Department Senior Lead Officer and Vice Unit Officer in Charge, and applicable fees shall be paid. Prior to any review, the local Neighborhood Council shall be notified and provided an opportunity to review and make a recommendation. The applicant shall also submit with the application a summary and all supporting documentation of how compliance with each condition has been attained for the operation of the bar on the ground floor [Phase 1].

d. Live entertainment shall be limited to no more than four musicians/ singers/performers only, and the use of outside promoters shall be prohibited.

Public dancing shall be permitted only within the dual purpose dance floor/seating area measuring no more than 200 square feet on the ground floor and 400 square feet in the basement where the area is identified for dancing and is fully enclosed as shown on Exhibit "A". No dancing, no live entertainment, and no amplified music shall be allowed outside the premises.

Amplified music shall not be audible beyond the premises. Noise generated on­site shall not exceed the decibel levels stated in the Citywide Noise Ordinance.

8. Should there be a change in the ownership of the property and/or the business owner/operator, the property owner and the business owner/operator shall provide the prospective new property owner and the business owner/operator with a copy of the conditions of this action prior to the legal acquisition of the property and/or the business. Prior to the closing of the escrow for a potential change in the ownership of the property/business owner or operator, evidence showing that a copy of this determination including the conditions required herewith has been provided to the prospective owner/operator, shall be submitted to the satisfaction of the Zoning Administrator.

Further, at any time during the period of validity of this grant, should documented evidence be submitted showing a violation of any condition(s) of this grant resulting in a disruption or interference with the peaceful enjoyment of the adjoining and neighboring properties, the Zoning Administrator reserves the right to require the applicant to file for a plan approval application together with associated fees, the purpose of which will be to hold a public hearing to review the applicant's compliance with and the effectiveness of these conditions. The applicantlpetitioner(s) shall provide a summary and supporting documentation of how compliance with each condition of the grant has been attained. Upon this review the Zoning Administrator may modify, add or delete conditions, and reserves the right to conduct the public hearing for nuisance abatement/revocation purposes.

9. The privileges granted herein shall become null and void seven years from the effective date of this determination unless a new entitlement application permit that extends such privileges is "approved" for public dancing and the sale and dispensing of a full line of alcoholic beverages for on-site consumption prior to that date.

CASE NO. ZA 2010-1055(rUB)(CUX) PAGE4

The applicant is advised that he/she should allow appropriate time for a new entitlement application to be processed and the application should be approved prior to the expiration date of this grant in order to continue public dancing with live entertainment and the sale of alcoholic beverages for on-site consumption in conjunction with the operation of the subject premises.

10. Within 45 days of the effective date of this grant or 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 herein shall be recorded in the County Recorder's Office. The agreement (standard master covenant and agreement form CP-6770) shall run with the land and shall be binding on any subsequent owners, heirs or assigns. The agreement with the conditions attached must be submitted to the 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 Administrator for attachment to the subject case file.

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

12. The applicant shall secure a City permit decal denoting approval of alcoholic beverage sales and/or dancing from a Planning Department public counter subsequent to the Zoning Administrator's signature on the Planning Department sign-off form and mount it on either the inside of the window of the subject site facing the 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.

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

14. Pool tables, billiard tables, and Adult Entertainment uses [Municipal Code Section 12. 70] shall be prohibited.

15. The conditions of this grant, a police permit, a copy of a business license, insurance information and an emergency contact phone number for the valet service(s) if any, shall be retained on the premises at all times and shall be immediately made available upon request of any Los Angeles Police Department officer, Department of Alcoholic Beverage Control investigator or other responsible agencies. The manager and all employees shall be knowledgeable of these Conditions.

16. Prior to the utilization of this grant, all personnel acting in the capacity of a manager of the premises and all personnel who serve alcoholic beverages shall complete the STAR (Standardized Training for Alcohol Retailers) session sponsored by the Los Angeles Police Department. All employees who serve alcoholic beverages shall attend follow-up STAR classes every 24 months. The STAR training shall be conducted for all new hires within two months of their employment.

CASE NO. ZA 2010-1055(' 18)(CUX) PAGE5

Within six months from the utilization of this grant, the list of employees who serve alcoholic beverages, their hire date and written confirmation of their STAR training shall be submitted to the Zoning Administrator and shall be retained on the premises at all times and be immediately made available upon request of any Los Angeles Police Department officer or Department of Alcoholic Beverage Control investigator. The manager and all employees shall be knowledgeable of these Conditions.

17. The applicant/business operator shall be responsible for maintaining free of litter, the area and adjacent to the premises over which they have control.

18. The applicant shall establish a designated driver Qrogram that may include signs on each table and bar alerting patrons of the program including a statement in the menus, or post signs in prominent locations in the dining areas. Prior to the utilization of this grant, a written statement of the program shall be submitted to the satisfaction of the Zoning Administrator.

19. Th~ premises shall be maintained with kitchens to be used for cooking and preparing of food as defined by Section 91.0403 of the Los Angeles Municipal Code, and shall provide a menu containing an assortment of foods normally offered in restaurants. Food service shall be available at all times during operating hours. Any take-out service is only incidental to the primary sit-down use.

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

Partitions separating booth/dining areas shall not exceed 54 inches in height. No obstructions shall be attached, fastened or connected to the booths/dining areas within the interior space of the facility that restrict, limit or obstruct the clear observation of the occupants.

21. The business operator shall comply with Section 6404.5(b) of the Labor Code which prohibits smoking within any place of employment. There shall be no ashtrays or other receptacles used for the purpose of collecting ash or cigarette/cigar butts inside the restaurant or bathrooms.

22. Loitering shall be prohibited on or around these premises or this area under the control of the licensee.

Signs shall be prominently posted in English, and the predominant language of the facility's clientele, if different, stating that California State law prohibits sale of alcoholic beverages to persons who are under 21 years of age. "No Loitering or Public Drinking" signs shall be posted in and outside of the facility in the same language(s).

The adjacent sidewalk/alley and the area under the applicant's control adjacent to the subject site shall be routinely patrolled by employees of the premises or security personnel for the purpose of monitoring loitering. Any problems associated with the operation of the subject premises shall immediately be reported to the manager who shall correct/remedy the problems.

CASE NO. ZA 2010-1055(r 1 JB)(CUX) PAGE6

23. Prior to the sale of any alcoholic beverages, electronic age verification device(s) which can be used to determine the age of any individual attempting to purchase alcoholic beverages or tobacco products shall be installed on the premises. The device(s) shall be maintained in operational condition and all employees shall be instructed in their use prior to the sale of any alcoholic beverage or tobacco product.

24. Exterior lighting on the building shall be maintained and provide sufficient illumination of the immediate environment so as to render objects or persons clearly visible.

25. The applicant/the business operator shall identify a contact person and provide a 24-hour "hot linen telephone number for any inquiries or complaints from the community regarding the subject facility. Prior to the utilization of this grant, the phone number shall be posted on the site so that is readily visible to any interested party. The "hot linen shall be:

Posted at the entry, and the cashier. Responded to within 24 hours of any complaints/inquiries received on this "hot line". Documented in a log and available for review by the Los Angeles Police Department and the Zoning Administrator upon request on when the calls were received, returned and the action taken at a minimum.

26. No public telephones shall be permitted on the exterior or interior of the property.

27. Prior to the utilization of this grant, the business operator and/or the property owner shall install video surveillance cameras and monitors inside and outside the premises to the satisfaction of the Los Angeles Police Department. The business operator shall maintain the tapes for at least one month and make them available to the Police Department upon request.

Within 30 days from the utilization of the grant, evidence of compliance with this condition shall be submitted to the satisfaction of the Zoning Administrator. (A clearance letter from the LAPD and evidence of installation of the video surveillance cameras and monitors will satisfy this condition.)

28. Prior to the issuance of any building permit, a security plan shall be submitted to the satisfaction of the Los Angeles Police Department [LAPD].

The security plan shall include, at a minimum, a number of uniformed security guards and their patrol hours in accordance with the operational needs. The operator shall determine, as needed, days and times when such a presence is necessary giving special consideration to weekend evenings and other special events/performances when a large attendance of patrons are anticipated to patronize the subject premises.

A minimum of one State licensed security guard for every 50 patrons shall be provided from 6 p.m. until one-half hour after closing during the operating hours.

CASE NO. ZA 2010-1055(r · 1B)(CUX) PAGE 7

The security guard shall have a State guard license, wear a uniform, and have, at a minimum, the following qualifications and responsibilities:

a. The guard shall patrol the premises including the adjacent sidewalk and the area of the parking garage utilized by patrons.

b. The guard shall not conduct any other activities while employed at the premises other than those of a security guard .. The security guards shall maintain order and prevent activity that would interfere with the quiet enjoyment of the surrounding properties and the owners, tenants and visitors of those properties. The guard shall be responsible for preventing loitering and any criminal activity on and around the subject premises including public drinking, littering, trespassing, transactions involving controlled substances, and other illegal and public nuisance activities.

Within 30 days from the utilization of this grant, evidence of compliance with this condition such as a copy of a State guard license, a security contract showing hours of security service, and a letter from the LAPD etc., shall be submitted to the satisfaction of the Zoning Administrator.

29. All the mitigation measures identified in environmental document ENV 2010-1 056-MND shall be incorporated as conditions of this grant as summarized below, unless otherwise noted:

a. Aesthetics (Vandalism):

1) Every building, structure, or portion thereof, shall be maintained in a safe and sanitary condition and good repair, and free from, debris, rubbish, garbage, trash, overgrown vegetation or other similar material, pursuant to Municipal Code Section 91.8104.

2) The exterior of all buildings and fences shall be free from graffiti when such graffiti is visible from a street or alley, pursuant to Municipal Code Section 91.8104315.

b. Aesthetics (Signage ):

1) On-site signs shall be limited to the maximum allowable under the Municipal Code.

2) Multiple temporary signs in store windows and along building walls are not permitted.

c. Public Services (Fire).

The following recommendations of the Fire Department relative to fire safety shall be incorporated into the building plans, which includes the submittal of a plot plan for approval by the Fire Department either prior to the recordation of a final map or the approval of a building permit. The plot plan shall include the following minimum design features: fire lanes, where required, shall be a minimum of 20

CASE NO. ZA 2010-1055(r 1 1B)(CUX) PAGE 8

feet in width; all structures must be within 300 feet of an approved fire hydrant, and entrances to any dwelling unit or guest room shall not be more than 150 feet in distance in horizontal travel from the edge of the roadway of an improved street or approved fire lane.

d. Public Services (Police).

The plans shall incorporate the design guidelines relative to security, semi-public and private spaces, which may include but not be limited to access control to building, secured parking facilities, walls/fences with key systems, well-illuminated public and semi-public space designed with a minimum of dead space to eliminate areas of concealment, location of toilet facilities or building entrances in high-foot traffic areas, and provision of security guard patrol throughout the project site if needed. Please refer to "Design out Crime Guidelines: Crime Prevention Through Environmental Design" published by the Los Angeles Police Department. Contact the Community Relations Division, located at 100 West 1st Street, #250, Los Angeles, CA 90012; (213) 486-6000. These measures shall be approved by the Police Department prior to the issuance of building permits.

e. Utilities (Local Water Supplies- Restaurant, Bar, or Nightclub):

1) Install/retrofit high-efficiency toilets (maximum 1.28 gpf), including dual­flush water closets, and high-efficiency urinals (maximum 0.5 gpf), including no-flush or waterless urinals, in all restrooms as appropriate.

2) Install/retrofit restroom faucets with a maximum flow rate of 1.5 gallons per minute.

3) Install/retrofit and utilize only restroom faucets of a self-closing design.

4) Install and utilize only high-efficiency energy Star-rated dishwashers in the project, if proposed to be provided. If such appliance is to be furnished by a tenant, this requirement shall be incorporated into the lease agreement, and the applicant shall be responsible for ensuring compliance.

5) Single-pass cooling equipment shall be strictly prohibited from use. Prohibition of such equipment shall be indicated on the building plans and incorporated into tenant lease agreements. (Single-pass cooling refers to the use of portable water to extract heat from process equipment, e.g., vacuum pump, ice machines, by passing the water through equipment and discharging the heated water to the sanitary wastewater system.)

f. Utilities (Solid Waste Disposal).

All waste shall be disposed of properly. Use appropriately labeled recycling bins to recycle demolition and construction materials including: solvents, water-based paints, vehicle fluids, broken asphalt and concrete, bricks, metals, wood, and vegetation. Non recyclable materials/wastes shall be taken to an appropriate landfilL Toxic wastes must be discarded at t licensed regulated disposal site.

CASE NO. ZA 2010-1055(r' 1B)(CUX) PAGE 9

30. Any doors and entrances shall be kept closed at all times during the operation of the premises except in case of emergencies, to permit deliveries and for the use of ingress and egress of patrons. These doors/entrances shall be equipped on the inside with an automatic locking device and shall not consist solely of a screen or ventilated security door but shall be solid.

The following conditions are alcoholic beverage specific conditions volunteered by the applicant and/or are recommended by the LAPD

31. There shall be no exterior advertising or signs of any type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. This condition is not meant to preclude an interior display of alcoholic beverage containers within the interior of the restaurant space. The only exception to this restriction is the posting of a single menu on the outside wall and/or posting of "Pattern Bar" for business identification purposes.

32. Free non-alcoholic beverages shall be offered ongoing for designated drivers and bottled water shall be made available to departing patrons.

33. No person under 21 years of age shall sell or deliver alcoholic beverages. [LAPD]

34. The sale and service of distilled spirits by the bottle [full or partial], for consumption on the premises shall be prohibited. [LAPD]

35. In the event that the premises is used for a private party or special event, the applicant shall maintain operational control of the venue. No outside promoters shall control the door or revenue for any event. Further, the business operator or his/her representative shall be present at all special events. [LAPD]

36. The sale and delivery of alcoholic beverages to customers shall be made from behind a counter where a clerk shall obtain the product. No self-service of alcoholic beverages is permitted. [LAPD]

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

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

CASE NO. ZA 2010-1 055(f"' •B)(CUX) PAGE10

TRANSFERABILITY

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

VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR

Section 12.29 of the Los Angeles Municipal Code provides:

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

Every violation of this determination is punishable as a misdemeanor and shall be punishable by a 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 MARCH 24, 2011, unless an appeal therefrom is filed with the City Planning Department. It is strongly advised that appeals be filed early during the appeal period and in person so that imperfections/incompleteness may be corrected before the appeal period expires. Any appeal must be filed on the prescribed forms, accompanied by the required fee, a copy of the Zoning Administrator's action, and received and receipted at a public office of the Department of City Planning on or before the above date or the appeal will not be accepted. Forms are available on-line at http://planning.laci:Dt.or:.g. 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 251 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 90th day following the date on which the City's decision became final pursuant

CASE NO. ZA 2010-1 055(r- 'B)(CUX) PAGE 11

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 Analystthereon, the statements made at the public hearing on February 7, 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 conditional use permit under the provisions of Section 12.24-W have been established by the following facts:

BACKGROUND

The property is a level, rectangular-shaped, corner parcel of land having a frontage of 116.37 feet along the northerly side of Main Street and sides for a distance of 147.42 feet along the southerly side of 9th Street. The site is developed with a twelve-story commercial/office building with the ground floor occupied by three restaurants, a travel agency, a leather accessory store and a yoga studio with general office uses above. There is no provision for on-site parking. The property is located within the historic core of the Central City Planning Area.

The applicant is requesting a conditional use to allow the sale and dispensing of a full line of alcoholic beverages for on-site consumption; in conjunction with a proposed bar/lounge with live entertainment and patron dancing; having hours of operation and alcohol sales from 10 a.m. to 2 a.m. Sunday through Thursday, and hours of operation until4 a.m. on Friday and Saturday in the C2-4D Zone. ·

According to information provided by the applicant:

11 This type of bar/lounge, when considering the broad range of uses in the immediate vicinity, is unlikely to adversely affect the development of the community. With the imposition of, and strict adherence to conditions to mitigate potential impacts to adjacent uses, few if any impacts would result. Furthermore, proper management and monitoring of the use would prevent the business operation from becoming a nuisance. The new bar/lounge, with 1, 560 square-feet of floor area, will be located on the ground floor (Phase I) of an existing commercial frontage, proximal to other commercial and general office uses along Main and 9th Streets. This area has been Los Angeles' long time haven to Jive theaters and movie venues -and the applicant seeks to capture and re-establish some of that former business atmosphere. If the business is successful, a tenant improvement to the basement level (Phase II) will be undertaken. This floor area will consist of 2, 200 square-feet. It appears that the proposed use will add to the

CASE NO. ZA 2010-1055V' 1 JB)(CUX) PAGE 12

diversification of commercial activities in this area and should remain proper in relation to adjacent uses or the development of the community. "

The applicant further states:

"The location of this project is situated in the culturally diverse downtown area of the City, which continues to experience a renaissance of new residential and commercial development. The proposed bar/lounge will be situated in the heart of downtown and more importantly, proximal to the garment, financial and jewelry districts. Major thoroughfares such as 8th and 9th Streets, Broadway and the Spring Street/Main Street corridor bring significant numbers of commuters and visitors by vehicle and Metro transit into proximity to this proposed use. The sale of alcoholic beverages, in conjunction with live entertainment and patron dancing, at a downtown bar/lounge appears to be a reasonable use which has become an accepted and expected public convenience by the adult general public. With tailored conditions, this location can function as a bar/lounge for the growing number of adult residents of Downtown Los Angeles. As a result of its proposed location, the use will be desirable to the public convenience and the general welfare of adult patrons, nearby residents, merchants and tourists."

"The subject project will be located on C2-4D zoned properly. The surrounding commercially zoned properlies are designated for Regional Commercial Center land use by the community plan and developed with numerous commercial uses and the location should prove to be compatible with development in the surrounding area. The applicant contends that the bar/lounge will contribute to an ongoing effort to revitalize vacant lower levels of buildings in Downtown Los Angeles. Since the bar/lounge will be located in the general vicinity of the Orpheum Theater, it will probably be used as an after-hours destination point for patrons of the theater and shoppers in the immediate area."

9th Street, adjoining the property to the northwest is a Secondary Highway with a variable width of 70 to 80 feet and improved with curb, gutter, street lighting, and sidewalk on both sides. 9th Street is a major one-way eastbound arteriaL

Main Street, adjoining the property to the southeast is a Secondary Highway with a variable width of approximately 80 feet and improved with curb, gutter, and sidewalk on both sides. Main converges with Spring Street directly northeast of the subject property.

Spring Street, beginning at the adjacent intersection is a Secondary Highway, with a variable width of 80 to 85 feet and improved with curb, gutter, and sidewalk on both sides. Spring Street is one-way southbound, except for public transit vehicles.

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

Subject Property

Case No. CPC 2005-1122(CA} - On June 7, 2005, the City Planning Commission implemented incentives to encourage the production of affordable and workforce housing in the Central City Plan area.

CASE NO. ZA 2010-1 055C- 'B)(CUX) PAGE 13

Case No. CPC 2005-1124(CA} - On April 14, 2005, the City Planning Commission implemented an ordinance requiring projects in the Centra! City Community Plan to comply with design and streetscape guidelines_

Case No_ CPC 2005-0361(CA) - On June 7, 2005, the City Planning Commission implemented a Code Amendment to upgrade residential standards and incentivize housing in the Central City area.

Case No. CPC 86-0606(GPC}- On February 12, 1988, in conjunction with the General Plan Zoning Consistency Program for the Los Angeles Central City Community, the City Council adopted a zone change to C2-4D for the subject property. Ordinance No. 164,307 became final on January 30, 1989, Subarea 2385.

Surrounding Properties

Case No. ZA 2010-2898(CUB)(CUX)- The Office of Zoning Administration is presently reviewing an application for a conditional use permit to allow the sale of alcohol for on-site consumption in a new 20,000 square-foot restaurant, having 87 seats on the ground floor and approximately 500-700 patrons on the rooftop level, with public dancing located at 216 West 9th Street

Case No. ZA 201 0-0928(CUB) - The Office of Zoning Administration is presently reviewing an application for a conditional use permit to allow the off-site sale of beer and wine in an existing 2,815 square-foot (7-Eieven) market, operating 24 hours daily with alcohol sales from 6 a.m. to 2 am daily, located at 124 West 9th Street.

Case No. ZA 2009-2976(CUB)- On April16, 2010, the Zoning Administrator approved a conditional use permit to allow the sale of beer and wine for on-site consumption in conjunction with the operation of an existing 4,100 square-foot restaurant that accommodates approximately 89 patrons and operates daily from 7 a.m. to 12 midnight, located at 840 South Spring Street.

Case No. ZA2009-1458(CUB)(CUX)(ZV}- On March 15,2010, the Zoning Administrator approved a conditional use for alcoholic beverage sales, and adult entertainment and a zone variance regarding a loading dock, located at 901 South Broadway.

Case No. ZA 2006-1146(CUX)(CU)- On September 19,2006, the Zoning Administrator approved the continued use and maintenance of a 14,250 square-foot hostess dance hall use (Las Palm as Ballroom) with five pool tables and to increase the occupancy load from 150 to 400 patrons (as previously approved); and the establishment, use and maintenance of 11 video/arcade machines in the C2-4D Zone. No alcoholic beverages served on the premisess, located at 946-950 South Broadway.

Case No_ ZA 2009-0467(CUB(CUX) --:- On May 27, 2010, the Zoning Administrator approved a conditional use to allow the on-site sale and consumption offullline of alcohol at two ground floor restaurants and the sale of beer and wine at a cafe with a shop located on the ground floor with a mezzanine; and to permit a jazz club bar/lounge with dancing in the basement, located at 502 South Spring Street.

CASE NO. ZA 2010-1055(r 1 18)(CUX) PAGE14

Case No, ZA2008-4621 (CUB)- On March 16,2000, the Zoning Administrator approved a request to continue the sale and dispensing of a full line of alcoholic beverages for on­site consumption with a Type 4 7 license, in conjunction with the theatre (separate from bar lounge Case No. ZA 2004-2586(CU)(ZV), located at 842 South Broadway.

Case No. ZA 2008-2194(CUB)- On May 21, 2009, the Zoning Administrator approved a conditional use to allow the sale and dispensing of beer and wine only for on-site consumption, in conjunction with an existing 2,430 square-foot restaurant seating 77 patrons and having hours of operation from 10 a.m. to 11 p.m. daily, located at 910 South Main Street and 110 East 9th Street.

Case No. ZA 2007 -2254(CUE)- On August 6, 2007, the Zoning Administrator approved a Zoning Administrator's Determination to permit the sale and dispensing of beer and wine only for on-site consumption in conjunction with an existing 1,800 square-foot restaurant seating 50 patrons with hours of operation from 7 a.m. to 12 midnight daily, located at 105 West 9th Street.

Case No. ZA 2006-6350(YV)(ZAA)(SPR) - On February 22, 2007, the Zoning Administrator approved a variance for density increase; yard adjustments; and a Site Plan Review for a mixed-use project with 167 joint live/work condo units and 4, 880 square feet of retail commercial space, located at 850 South Hill Street.

Case No. ZA 2005-6199(CUB)(CUX)- On August 18, 2009, the Zoning Administrator partially approved an application to allow the on-site sales of beer and wine in conjunction with a proposed restaurant, bar, lounge, and bistro; the off-site sales of a full line of alcohol in conjunction with a gourmet shop; and special on-site sales of a full line of alcohol and dancing in conjunction with a rooftop event center, bar, and lounge located at 849 South Broadway.

Case No, ZA 2005-0314(CUB)- On July 17, 2005, the Zoning Administrator granted a conditional use permit to allow the sale and dispensing of beer and wine only for on-site and off-site consumption, in conjunction with a 4,595 square-foot restaurant/cocktail lounge and associated "to go" market with off-site sales, seating 112 patrons and having hours of operation from 7 a.m. to 11 p.m. weekdays and 7 a.m. to 12 midnight weekends in a building that was constructed in 1 927 without any parking provisions, located at 121-125 East 9th Street.

Case No. ZA 2005-0314(CUB)(PA1} - On April11, 2008, the Zoning Administrator approved a Zoning Administrator's Determination of Approval of Plans, pursuant to the provisions of Section 12.24-M of the Los Angeles Municipal Code, and as required by Condition No.8 of Case No. ZA 2005-0314(CUB), to review compliance with conditions imposed for the sale and dispensing of beer and wine only for on-site consumption, in conjunction with a 4,595 square-foot restaurant and associated "to go" market with off-site sales, located at 121-125 East 9th Street.

Case No. ZA 2004-6225(ZV) - On December 15, 2004, the Zoning Administrator approved a variance to allow to the sale of a full line of alcoholic beverages in an expanded portion of the Orpheum Theater located one block northwest of the subject property located at 832 South Broadway.

CASE NO. ZA 2010-1055(~· IB)(CUX) PAGE 15

Case No. ZA 2004-2586(CU)(ZV)- On September 30, 2004, the Zoning Administrator approved a conditional use, zone variance, and an adjustment to allow the on-site sale and dispensing of a full line of alcoholic beverages in conjunction with a bar/lounge with seating for 135 patrons on the main level and seating for 68 patrons on the mezzanine level, located at 830 South Broadway.

Case No. ZA 2002-3529(ZAA) - On September 13, 2002, the Zoning Administrator approved a request for the adaptive re-use and development of 82 residential units located at 200 West 9th Street, just west of the subject property.

Case No. ZA 2001-1544{CUB} - On October 9, 2001, the Central Area Planning Commission granted an appeal in part and sustained the approval of the Zoning Administrator in granting a conditional use permit to allow the sale and dispensing of a full line of alcoholic beverages as an accessory use to the operation of the Orpheum Theater located one block northwest of the subject property at 832 South Broadway.

Case No. ZA 2000-2034(CU) - On November 13, 2000, the Zoning Administrator approved a conditional use permit to authorize the installation, use and maintenance of an unmanned wireless telecommunications facility atop a one-story commercial structure (restaurant) located at 862 South Main Street immediately northeast of the property along Werdin Place.

Case No. ZA 99-0447(CUZ)- On August 26, 1999, the Zoning Administrator approved an application to permit the installation, use, and maintenance of an unmanned wireless telecommunications facility on an existing parking structure located at 1 000 South Main Street in the [Q]C5-2-D-O Zone (Pac Bell Wireless).

Case No. ZA 96-0642(CUZ)- On October 17, 1996, the Zoning Administrator approved a conditional use permit to allow garment manufacturing at 833 South Spring Street.

Case No. ZA 96-0642(C UZ) - On May 8, 1991, the Zoning Administrator denied a request to permit light manufacturing in the C5-4D Zone located within the community redevelopment area at 833 South Spring Street.

Case No. ZA 95-0753(CUZ) - On December 15, 1995, the Zoning Administrator approved a conditional use to allow the construction and the operation of a wireless telecommunications facility in the MR 1-2 Zone consisting of four roof-mounted panel antennas and two wall-mounted panel antennas and two equipment cabinets at 3625 South Grand Avenue.

Case No. ZA 95-0723(PAD)- On January 9, 1996, the Zoning Administrator denied a request to increase occupancy from 150 to 300 people for a hostess dance hall in the C5-4D Zone, located at 833 South Spring Street.

Case No. ZA 93-0385(CUZ)(ZV) - On June 15,1993, the Zoning Administrator acted upon a request for a conditional use permit to grant a waiver of various provisions, including the 5-foot landscape setback requirement, of the mini-mall ordinance, and a

CASE NO. ZA 2010-1055(rUB)(CUX) PAGE16

variance to allow 71 parking spaces in lieu of the 88 required, located at 800 South Main Street.

Case No. ZA 93-0311 (ZA)- On February 2, 1993, the Zoning Administrator approved a conditional use permit to allow an additional 3,500 square feet of office space to be added to an existing mezzanine floor inside the building and providing the required parking for four cars, located at 817 South Los Angeles Street.

Case No. ZA 93-0244(CUZ) - On May 11, 1993, the Zoning Administrator approved a conditional use permit to construct a one-story 6,800 square-foot retail building and a one-story, 1,144 square-foot restaurant located on a portion of an existing parking lot at 834 through 856 South Main Street.

Case No. ZA 92-0416(RV)- On November 5, 1992, the Zoning Administrator approved a terminated possible revocation proceeding at 820 South Spring Street (Vogue Hotel).

Case No. ZA 92-0139(RV) - On May 19, 1993, the Zoning Administrator dismissed possible revocation proceedings for La Hacienda Real, located at 849 South Broadway.

Case No. ZA 91-1128(CUZ)- On April 7, 1992, the Zoning Administrator approved a conditional use permit to allow 24 units of joint living and working quarters for artists and artisans in the C5 Zone, with no on-site parking, located at 756 South Spring Street.

Case No. ZA 90-1074(CUZ)(ZV)- On February 25, 1988, the Zoning Administrator approved a conditional use and zone variance to permit a full, sit-down, white tablecloth restaurant with full line alcoholic beverages for on-site consumption with cafe entertainment and dancing and with the maximum occupancy load to be approximately_ 943 patrons, located at 849 South Broadway.

Case No. ZA 90-0627(CUZ) - On November 15, 1990, the Zoning Administrator approved a conditional use permit to allow the continuation of light garment manufacturing in the C2-4D Zone, located at 810 South Spring Street one block northeast of the property.

Case No. ZA 88-1386(E)- On August 17, 1990, the Department of Building and Safety and Chief Zoning Administrator issued a termination of a conditional use permit allowing the on-site sale and consumption of alcoholic beverages incident to meal service in a 48-seat restaurant located at 112 West 9th Street (southwest corner of 9th and Main). The restaurant has been open for business since 1985.

Case No. ZA 87 -1296(CUB)(CUZ) - On February 25, 1988, the Zoning Administrator approved an application to permit a full, sit-down, white table-cloth restaurant with full line alcoholic beverages for on-site consumption with cafe entertainment and dancing (maximum occupancy load to be approximately 943) at 849 South Broadway,

Case No. ZA 86-0947(E)- On September 25, 1986, the Zoning Administrator determined that the sale of alcoholic beverages for on-site consumption at a 78-seat restaurant located at 840 South Spring Street was exempt from the requirements of Sections 12.21 and 12.24 of the Los Angeles Municipal Code. The restaurant/cafe is located at the

CASE NO. ZA 2010-1055("'1B)(CUX) PAGE17

southern tip of the triangular intersection of 9th, Spring and Main Streets, directly across the street.

Case No. ZA 85-0053(CUX)- On March 26,1985, the Zoning Administrator approved a conditional use permit to allow the installation, use, and maintenance of an electric game arcade containing up to 15 game machines in the lobby of the Orpheum Theater located at 832 South Broadway.

Case No. ZAI78-1 03(8}- In 1978, a Zoning Administrator's Interpretation was issued for the extension of a private street only.

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 lne of alcoholic beverages of on-site consumption with dancing and live entertainment 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.

The subject application is to allow the sale of a full line of alcoholic beverages for on-site consumption and public dancing with live entertainment.

The public hearing was conducted on February 7, 2011, and was attended by the applicant's representative and representatives of the Los Angeles Police Department [LAPD], Council District 14 and the Los Angeles Fashion Business Improvement District. The speakers spoke in support of the applicant's request stating that the proposed venues are needed amenities in the area. However, the LAPD expressed concerns about closing time at 4 a.m. The applicant plans to open the bar on the ground floor as a Phase I and the basement will be open as Phase II. The grant requires the operating hours from 10 a.m. to 2 a.m. daily. After one year from the utilization of the grant, if the applicant wishes to extend the hours, a plan approval application is required.

The site is located within a regional center in proximity to a variety of other office, manufacturing and commercial uses. The amenities to be provided through the request represent an effort to create a variety of dining and entertainment opportunities which seek to revitalize the area. The predominantly commercial and manufacturing nature of this area serves as an appropriate location for the proposed use. The request, in conjunction with the imposition of a number of conditions addressing potential impacts associated with the sale of alcoholic beverages and dancing with live entertainment, will safeguard public welfare and enhance public convenience.

CASE NO. ZA 2010-1055(r' IB)(CUX) PAGE18

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

The northeasterly adjoining property across 9th Street is classified in the C5-4D Zone and is improved with a 12-story office/commercial building occupied by retail uses and the Orpheum Theatre complex on the ground floor with general office uses above .. The southeasterly adjoining property across Main Street is classified in the [Q]CS-20 Zone and is improved with a two-story commercial building occupied by a bank and the California Market Center complex. The southwesterly and northwesterly, adjoining property is classified in the C2-4D Zone and is improved with a private parking lot.

In summary, surrounding properties are within the [Q]CS-20, [Q]CS-40, C2-4D, and M2-2D Zones and are characterized by level topography and fully improved streets. The surrounding properties are developed with one- to 13-story commercial buildings, with their attendant parking lots and parking structures. Being in the historic core of the Central Business District, there is a high degree of pedestrian activity and traffic circulation within the general vicinity. Several MTA bus lines service the building on surrounding streets. Men's Suit Outlets and wholesale distributors are located along the 800 and 900 blocks of Los Angeles Street. The area is commonly referred to as the "Fashion District".

The grant authorized herein incorporates a number of conditions that have been imposed upon the use, some of which are based on conditions that have been volunteered by the applicant. These conditions will continue to make the use more compatible with other uses in the surrounding community. The installation of surveillance cameras and preparation of a security plan are required in consultation with and to the satisfaction of the Police Department.

No parking spaces are required for the proposed project on the site. However, the applicant proposes to provide 20 parking spaces at a parking lot located at the northwest corner of Olympic Boulevard and Main Street. Any reduction of the required parking is not requested or granted herein.

The subject grant is authorized for a term grant of seven years. The term grant allows the City an opportunity to review the operation of the proposed bar with dancing and live entertainment venues anew. If the operation has been conducted appropriately and without creating problems, then a subsequent decision on a new conditional use for each establishment may take that into favorable consideration. A record of poor compliance and/or nuisance complaints would allow the City the discretion to not grant a conditional use and thus avoid the need to proceed with prolonged nuisance abatement proceedings. Thus, as conditioned, the use is not anticipated to be materially detrimental to the development of the immediate neighborhood.

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

CASE NO. ZA 2010-1055(r' 1B)(CUX) PAGE19

The surrounding properties are improved with commercial and manufacturing buildings.

The bar will have no signs visible from the outside indicating the availability of alcoholic beverages or dancing. Noise generated on the property is not allowed to exceed the noise limits as regulated by the City's noise ordinance. A 24-hour public information "hot linen is required to be posted on the site for issues and complaints associated with the use of the property. The complaints received on the "hot line" are required to be documented and to be responded to within 24 hours.

Protective conditions covering noise and loitering will help ensure that the operation will not result in detrimental impacts to the surrounding properties. As conditioned, 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.

The Central City Community Plan Map designates the property for C2-4D Regional Center Commercial land uses with the corresponding zones of CR, 1.5, C2, C4, R3, R4, RS, RAS3 and RAS4 and height limited to District No. 4-D. The property is not currently within the area of any specific plans or interim control ordinances. However, the project is located within the City Center Redevelopment Project Area (ZI-145-LA-345 and 21-2316), and the Central Business District Redevelopment Project Area (21-940 and 21-2319). The property is also within the Los Angeles Enterprise Zone and the Downtown Adaptive Re-use Incentive Area.

The property is within the area of the Central Business District Redevelopment Project Area. A public-private partnership will help revitalize the historic Downtown Business District to ensure the vibrant cultural character of the Downtown area. The revitalized historic Downtown will complement and connect new large-scale downtown development projects, such as LA. Live and Grand Avenue, as well as galleries, restaurants, and . multi-cultural activities on Spring Street and throughout Downtown. Planned public projects such as the Downtown LA Streetcar, a streetscape plan, new parking facilities and an entertainment-oriented overlay zone will help prevent this historic corridor from falling into further decline.

The subject property is planned and zoned for commercial uses. The conditional authorization for the sale of alcoholic beverages on-site is allowed through the approval of the Zoning Administrator subject to certain findings. The required findings in support have been made herein.

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

Permitting the sale of alcoholic beverages at any location raises the possibility that other properties will be negatively impacted by intoxicated patrons driving under the influence or causing other inappropriate behavior on foot. The approval, as conditioned, is intended to avert any substantial impact on the economic welfare of the area by including a provision that requires limited operating hours, limitations on noise generation, and the monitoring of loitering on and around the site.

CASE NO. ZA 2010-1055(r'IB)(CUX) PAGE 20

The granting of the request will offer a wider range of food, drink and entertainment options for the customers and will vitalize the commercial corridor along Main Street complementing the other commercial and manufacturing establishments in the area resulting in economic benefits to the pertinent community.

6. The proposed use will not result in an undue concentration of the premisess 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, the crime rate in the area, and whether revocation or nuisance proceedings have been initiated for any use in the area.

According to the California Department of Alcoholic Beverage Control licensing criteria , two on-site and two off-site licenses are allocated to Census Tract No. 2079.00, which has a population of 1,993. There are currently 18 on-site and five off-site licenses in this census tract. Located within 600 feet of the subject property, there are three on-site and three off-site licenses existing. There is a liquor store (Jason's Wine and Spirits) with off­site alcohol sales located within the lobby of the California Market Center (site address: 922 South Main Street). There are two schools, six churches, and two parks or community centers within a 1,000-foot radius of the property.

Statistics from the Los Angeles Police Department ~entral Division Vice Unit which has jurisdiction over the property, reveal that within Crime Reporting District No. 185, a total of 537 crimes were reported in 2008, compared to the citywide average of 235 crimes and the high crime reporting district average of 282 crimes for the same period.

During the previous year, a total of 571 crimes were reported in 2007, compared to the citywide average of 256 crimes and the high crime reporting district average of 307 crimes for the same period.

By comparison, a total of 561 crimes were reported in 2006, compared to the citywide average of 263 crimes and the high crime reporting district average of 316 crimes. Further analyses reveals that a total of 247 crimes were reported in 2004, compared to the citywide average of 291 crimes and the high crime reporting district average of 349 crimes for the same period.

The above figures indicate that the project proposal is located within a high crime reporting district. These numbers do not reflect the total number of arrests in the subject reporting district of the accountable year. Arrests for each calendar year may reflect crimes reported in previous years.

The Los Angeles Police Department did not specifically oppose the project. However, due to the high number of existing establishments that sell alcoholic beverages and the nature of the use (i.e., sales for on-site consumption), specific conditions are particularlv needed at the subject location to maintain the quality of nightlife in the general vici~"'i'" to reduce the potential for crime and nuisance activities. During the night, fro1 dawn, the homeless population may be observed walking and encamped

CASE NO. ZA 2010-1055(r' IB)(CUX) PAGE 21

sidewalks several blocks north and east of the subject property along Main and Los Angeles Streets.

Despite possible concerns regarding the over-concentration of alcoholic beverage licenses, the subject property is located within an intensive commercial and manufacturing area in Downtown Los Angeles. The number of allocated licenses is calculated based upon the resident population and the fact that the employment/shopping population far exceeds the resident population of the census tract. Similar situations exist in other prominent tourist destination areas such as Little Tokyo, Hollywood, Century City and the commercial corridor along Wilshire, La Cienega and Beverly Boulevards, and 3rd Street. Land use in the immediate area is characterized by a wide variety of commercial uses, which provide diverse entertainment venues with service of alcoholic beverages.

No comment letters or complaints were received from residents in the area. No opposition letter was received from the LAPD or Council District 14. A security plan and employee training for the sale of alcoholic beverages are required as conditions of the grant. The Downtown Los Angeles Neighborhood Council supports the applicant's request.

7. The proposed use will not detrimentally affect nearby residentially zoned communities in the area of the City involved, after giving consideration to the distance of the proposed use from residential buildings, churches, schools~ hospitals, public playgrounds and other similar uses, and other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

There are other establishments which sell alcohol for on-site and off-site consumption within the area. There are also newer residential uses being developed in the area, which also represent conversions of buildings which were previously solely used for commercial uses. However, there are no residential dwelling units or other sensitive uses in close proximity to the subject location. As noted, since the site is located in a prime commercial and manufacturing area, the diversity amongst the uses is not uncommon and is also representative of the effort to bring in a variety of uses that will cater to residents and employees alike. The establishments will be within a contained environment where monitoring is facilitated. This grant has placed numerous conditions on the proposed project and non-authorized uses of the property which might create potential nuisances for the surrounding area. Such imposition of conditions, including a subsequent plan approval and a term grant will make the use a more compatible and accountable neighbor to the surrounding uses than would otherwise be the case. ·

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 City Council by Ordinance No. 172,081, have been reviewed and it has been determined that this project is located in Zone C, areas of minimal flooding.

9. On October 1, 2010, a Mitigated Negative Declaration ENV 2010-1 056-MND (Article V­City CEQA Guidelines) was prepared for the proposed project. On the basis of the whole

CASE NO. ZA 2010-1055(r• JB)(CUX) PAGE 22

of the record before the lead agency including any comments received, the lead agency finds that there is no substantial evidence that the proposed project will have a significant effect on the environment. This 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.

SUE CHANG 7 Associate Zoning Administrator Direct Telephone No. (213) 978-3304

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cc: Councilmember Jose Huizar Fourteenth District

Adjoining Property Owners

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