1104 Wilshire Blvd. Venice Community Plan Area

Transcription

1 Conditional Use Permit-Alcohol (CUB) Conditional Use Permit - Commercial Corner Developments and Mini Shopping Center (CUZ) Additional Information/Findings 425 W Washington Blvd. Charcoal Venice Partners, LLC (A) 425 W Washington Blvd Wilshire Blvd. Venice Community Plan Area Santa Monica, CA Zone: C4-1-O D.M: 105A Washington, LLC (O) C.D: Wilshire Blvd. #200 Legal Description: Lot: FR 174, Block: None, Santa Monica, CA Tract: TR 6098 FE Design & Consulting (R) 327 E. 2nd St. #222 Los Angeles, CA REQUEST A Conditional Use Permit to allow the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with an existing 3,497 square foot restaurant seating 112 patrons and with hours of operation and alcoholic beverage sales from 11 a.m. to 12 a.m. daily. A Conditional Use Permit to allow hours of operation in excess of the 11 p.m. to 7 a.m. restrictions on a commercial corner property. BACKGROUND The subject property is a level, rectangular-shaped corner parcel consisting of eight tied lots ( ) having a frontage of approximately 188 feet on the north side of Washington Blvd, 100 feet along Dell Avenue and 85 feet along Clune Avenue. The property is improved with an 11-story, 54,768 s.f. building with 7 levels of apartments, 3 levels of secured parking and 1 story of commercial uses. The ground floor corner unit at Washington and Clune is the subject restaurant, and the use was established at the site per building permit # 1972WL91337 and the C of O of the same number. According to those permits, there was no change in the required parking when the use was established as a restaurant. The C of O for the entire building (LA92664/69, LA96249/69, LA95672/69, LA26700/71) indicates that 112 spaces are required for all the uses and that 114 are provided. These required parking spaces are provided on the second, third and fourth floor of the building in a secured parking garage. The property also has parking in the rear of the building which is used by the commercial properties on the ground floor. Seven of these spaces have been allocated to the restaurant and the remainder serve the wine bar, accounting firm and boxing gym also in the building. The accounting firm has normal office hours, so there are additional parking spaces available after 6 p.m.

2 In 1979, the property owners were granted CUZ which allowed for the sale and dispensing for consideration of beer and wine for consumption on the premises in connection with the operation of a family-style, 112-seat restaurant. The granted hours of operation were 11 a.m. to 11 p.m. Monday through Thursday, 11 a.m. to 1 a.m. Friday and Saturday and 11 a.m. to 9 p.m. Sunday. Although the restaurant has changed tenants over the years, it has maintained a continuous Type 41 license. The existing CUB does not have a term limit nor does it require any sort of new action with a change of tenant. Therefore, this property can continue to have a beer and wine license in perpetuity. Currently, the site is the home of Macchi s Bistro, an Italian restaurant. However, the property owner is in the process of transferring tenancy over to Charcoal Venice Partners, LLC. The new tenants, headed by Two-Star Michelin chef Josiah Citrin, are going to open Charcoal restaurant, a modern twist on the chophouse. As part of the concept for the new restaurant, the team behind Charcoal would like to request a full line of alcoholic beverages to complement their menu. As a result, a new CUB is required. The table below illustrates the requested changes from the existing CUB: CUZ Proposed Application Hours of operation Patrons Parking Type of Alcohol M-Th 11 a.m. to 11 p.m. 112 seats 15 off-site spaces by Beer and wine F-Sat 11 a.m. to 1 a.m. lease Sun 11 a.m. to 9 p.m. Daily 11a.m. to midnight 112 seats 7 on-site spaces during all hours, 12 additional spaces after 6 p.m. Full line SURROUNDING PROPERTIES The adjoining property to the north, across the alley, is zoned R1-1-O and improved with a two-story single-family home. The adjoining property to the south, across Washington Blvd, is located in unincorporated Los Angeles County and improved with a one-story restaurant and surface parking lot. The adjoining property to the east, across Clune, is zoned R3-1-O and improved with a two-story apartment building. The adjoining and abutting property to the west is zoned C4-1-O and improved with a one-story restaurant. CIRCULATION Washington is a designated Major Highway dedicated to a width of 100 feet. Clune Avenue is a Local Street dedicated to a width of 60 feet. The alley has a width of 20 feet.

3 RELATED PRIOR CASES Subject Property: Case CUZ At 425 W Washington Blvd., on July 9, 1979, the Zoning Administrator approved a conditional use permit for the sale or dispensing for consideration of beer and wine for consumption on the premises in connection with the operation of a family-style, 112-seat restaurant. Hours of operation were 11 a.m. to 11 p.m. Monday to Thursday, 11 a.m. to 1 a.m. Friday and Saturday and 11 a.m. to 9 p.m. Sunday. Surrounding Properties: Case ZA (CUB) - At 417 W Washington Blvd., on August 28, 2008, the Zoning Administrator approved a Conditional Use Permit to allow the sale and dispensing of beer and wine only for on-site consumption, in conjunction with a 1,973 square-foot restaurant with hours of operation from 7 a.m. to 10:30 p.m. daily. BUILDING PERMIT HISTORY Permit # 1972WL91337 Change of occupancy of G-1 to B-2/G-2 and change portion of first floor to restaurant. GENERAL CONDITIONAL USE FINDINGS a. That the project will enhance the built environment in the surrounding neighborhood or will perform a function or provide a service that is essential or beneficial to the community, city, or region. The subject property is located along Washington Boulevard, just a couple of blocks from the Venice pier and boardwalk, and within close proximity to the Venice canals and the marina at Marina Del Rey. The area is dense with high-end apartments and is a popular tourist area. As a result, the neighborhood has a wide selection of restaurants and alcohol uses. This is common for areas that serve both a high concentration of local residents and visitors from outside of the area. The site has been a restaurant since the early 1970s and has had a beer and wine license since the same time. The property has undergone several different tenants and most recently was an Italian restaurant, Macchi s Bistro. The new restaurant will be from Two-Star Michelin Chef and owner of the highly acclaimed Mélisse restaurant in Santa Monica, Josiah Citrin. Mélisse opened in 1999 and has received countless awards in its 15 years of operation including #1 for food and wine service in Los Angeles by Zagat, five stars by Forbes Travel Guide, and being named one of the top 100 restaurants in the world by Elite Traveler. Citrin s vision for his second restaurant is a modern twist on the quintessential chophouse concept. The restaurant will have an inviting and cozy atmosphere, complete with a wood burning grill. The bar will boast a wide range of wines coming from classic vitners and often hard-to-find wines, as well as artisan beers and classic cocktails. The new restaurant, Charcoal, will be a more casual and affordable alternative to Mélisse and will allow a new demographic to enjoy the cuisine of Josiah Citrin. This vision will appeal both to Venice and Marina Del Rey locals and to tourists who want to complement a beach visit with a unique and highquality dining experience. As a result, the restaurant will benefit the community, city and region.

4 b. That the project s location, size, height, operations and other significant features will be compatible with and will not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety. The project is within an existing building and is an existing restaurant the main proposed change is to the type of alcohol. However, this will not change the fundamental nature of the site as a restaurant first and foremost with ancillary alcohol sales. There will be no live entertainment or dancing, and the proposed hours of operation are within those typical of a restaurant. Patrons will come to enjoy a meal and may desire an alcoholic beverage in addition to their food. The premises will not operate as a bar or nightclub and will attract a higher-end foodie clientele who want to experience the cuisine of a renowned chef. The intended use is permitted within the underlying C2 zone so the project is in line with policy goals for the area and the project is located on Washington Boulevard, a busy corridor that houses other similar commercial uses. The project is therefore in keeping with the neighborhood. c. That the project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any applicable specific plan. There are eleven elements of the General Plan. Each of these Elements establishes policies that provide for the regulatory environment in managing the City and for addressing environmental concerns and problems. The majority of the policies derived from these Elements are in the form of Code Requirements of the Los Angeles Municipal Code. Except for those entitlements described herein, the project does not propose to deviate from any of the requirements of the Los Angeles Municipal Code. The Land Use Element of the City's General Plan divides the city into 35 Community Plans. The Venice Community Plan Map designates the property for Community Commercial land uses. The subject property is zoned C4-1-O, meaning it is meant for commercial uses and high density development. A restaurant is therefore in keeping with the intended use of this property, and the density of the neighborhood will support this kind of business. Objective 2-1 of the Venice Community Plan aims to conserve and strengthen viable commercial development in the community and to provide additional opportunities for new commercial development and services within existing commercial areas (page III-8). Under this objective, policy states that new commercial uses shall be located in existing established commercial areas or shopping centers (page III-8). This new restaurant is within an existing restaurant space and therefore will continue to serve the community as the space has for decades. Policy requires that commercial projects be designed and developed to achieve a high level of quality, distinctive character and compatibility with surrounding uses and development (page III-9). This will be a high-end restaurant from an acclaimed chef that will offer a casual and sophisticated dining experience. Charcoal will therefore provide a distinct high-quality amenity that will fit in with the community by replacing an existing restaurant. The applicants are not proposing an substantial change in the character of the premises and any new signage and décor will be tasteful and in keeping with the surrounding community. This project will therefore help meet the direct goals of the Venice Community Plan. This case is not considered a project under the Venice Specific Plan since there is no expansion in floor area and no increase in density or intensity of the use. This was confirmed with Socorro Smith-Yumul, the project planner for the Venice Specific Plan. d. That based on data provided by the City Department of Transportation or by a licensed traffic engineer, that ingress to and egress from the project will not create a traffic hazard or cause significant traffic congestion or disruption of vehicular circulation on adjacent streets

5 The project is a restaurant in an existing space, so there will not be any new traffic hazards. The project is eligible as a Categorical Exemption under CEQA, meaning that it will not have a significant impact on traffic. The operator will offer valet parking as an additional means to decrease the impact of cars coming to the restaurant. e. That project approval will not create or add to a detrimental concentration of Mini-Shopping Centers or Commercial Corner Developments in the vicinity of the proposed project. The project is an existing restaurant within an existing structure which is an existing commercial corner and mini-shopping center. Therefore, this is not creating a new such structure. The applicant would like to extend their hours of operation beyond the 11 p.m. restriction that normally applies to Commercial Corner and Mini-Shopping Center developments. It should be noted that the request to deviate is only to extend hours of operation for one hour, and therefore represents a very minor deviation from the code requirements. f. Are you going to develop any or all of the following Yes/No 1. A drive-thru fast food establishment? No 2. A business open any time between 11 p.m. and 7 a.m.? Yes. The applicant would like to stay open until midnight. 3. A multi-residential use? 4. An amusement enterprise as enumerated in Sec A of the Los Angeles Municipal Code? 5. An automobile laundry or washrack? 6. A commercial swimming pool 7. How many parking spaces are being provided? There are 7 parking spaces for exclusive use by the restaurant at all times. There are 12 additional spaces available after 6 p.m. These spaces are not code-required. 8. What is the Height and number of stories of the Project? The building is eleven stories. The ground floor is commercial, the second, third and fourth floor are parking levels, and the top 7 floors are apartments.

6 i. List all the uses to be included in the development their hours of operation, square footage and the percentage of the total development to be occupied by each: The restaurant is within an existing structure and there is no change in square footage for any of the existing uses. Of the 11 stories of the building, 7 are residential apartment units and 3 are parking. The ground floor has commercial uses. Their hours of operation are listed below: Name and Address Hours of Operation Square footage Le Cellier Restaurant CUB: 7 a.m. to 10:30 p.m. daily 1, W Washington Actual: M-Th 11 a.m. to 11 p.m., Fri-Sat 11 a.m. to midnight, closed Sunday Meepos & Company 9 a.m. to 5 p.m. Monday to Friday Unknown 409 W Washington Steeleboxer 407 W Washington 7 a.m. to 11 p.m. daily Unknown j. Describe any security measures that will be taken to prevent loitering, theft, vandalism, etc. The premises will have security cameras to monitor all high-traffic areas in order to deter and catch any crime on the property and on the adjoining sidewalk. In addition, the presence of staff and restaurant patrons in the area will act as an informal surveillance mechanism that will deter deviant behavior. The operator will remove any graffiti on the site immediately and there will not be a payphone kept on the exterior of the premises. k. For drive-through fast food establishments submit plans showing points of ingress and egress, the location of speakers, driveways and queuing lanes. b. For all applications the following items shall be delineated on plans in accordance with the applicable Zoning Code Section: 1) Exterior walls. 2) Lighting plans. 3) Landscaped and irrigated areas in the parking area. 4) Location of trash storage area(s). 5) Location of other storage area(s). 6) Parking layout indicating striping, landscaping, and driveways. See attached site plan for details. 3. In addition, specify each and every requirement of Section A 23 LAMC that you cannot or do not comply with, and explain (attach form CP-7755)

7 ADDITIONAL FINDINGS - CUB i. Explain how the proposed use will not adversely affect the welfare of the pertinent community. The subject site has been a restaurant since the early 1970s and it has not harmed the welfare of the community. The new operators are established restaurateurs who already have an acclaimed restaurant in nearby Santa Monica, Mélisse, which has operated as a restaurant with a Type 47 (full alcohol) license since There have been no disciplinary actions or violations in the fifteen years that they have had that license, thereby proving that they are responsible operators. The hours of operation, which end at midnight, are well within those expected at a restaurant and will ensure that the property does not create a nuisance to the community. In addition, the restaurant will provide valet parking for patrons to ensure that they are not circling the nearby neighborhood looking for a parking spot. There will not be any live entertainment or dancing, and all noise ordinances will be adhered to. It can therefore be assumed that this restaurant will not adversely affect the welfare of the pertinent community, but will instead enhance the community by offering a new dining option. ii. Explain how the approval of the application will not result in or contribute to an undue concentration of such establishments. The site already has a beer and wine license, and has had one for four decades. This request is to upgrade to a license for full alcohol but it will still be an on-site liquor license, so it will not increase the concentration of such licenses in the area. Although this area is over-concentrated with alcohol licenses per ABC standards, this is common for areas that attract a large number of visitors from around the city and around the world. This part of Venice and Marina Del Rey is popular with tourists who come to visit the Venice pier and boardwalk, the canals, and the marina. This area is also dense with residential development, most of which is higher-end. This means that there is a large proportion of locals who would be interested in going out to eat and enjoying an alcoholic beverage with their meal. The number of licenses per census tract does not take into account visitors to the area or the demographics of the community and their interest in alcoholic beverages. When these are taken into account, it can be understood why there is a higher concentration of license than expected. iii. Explain how the approval of the application will not detrimentally affect nearby residential zones or uses. The restaurant is located in the ground floor of an apartment building, but the site has been a restaurant for over 40 years, meaning that it is likely that all of the residents currently residing in the building came after the restaurant. In fact, it is likely that many of the residents chose this building in part because of the amenity of a full-service restaurant with alcohol service. The upgrade from beer and wine to full alcohol will not create new impacts because the establishment will remain first and foremost a restaurant with a full menu during all hours of operation. The closing hour of midnight is also reasonable for a restaurant and will ensure that the premises do not create any adverse impacts on the residents. The restaurant will provide valet parking, which will also help protect the nearby single-family homes which may be impacted by cars looking for parking. The valet will make use of on-site spaces to ensure that cars are not driving through the residential neighborhood at the restaurant s closing time, thereby disturbing neighbors. This current request will not impact the neighbors any more than what is existing since the premises is already a restaurant serving alcoholic beverages and the new operators are established and have a proven track record at being good neighbors.

8 QUESTIONS REGARDING THE PHYSICAL DEVELOPMENT OF THE SITE a. What is the total square footage of the building or center the establishment is located in? The restaurant is located within an 11-story, 54,768 s.f. building. b. What is the total square footage of the space the establishment will occupy? The establishment is 3,479 s.f. c. What is the total occupancy load of the space as determined by the Fire Department? Final occupancy will be determined by the Fire Department following the issuance of the C of O for the tenant improvements. However, it is anticipated that the posted occupancy load for the dining area will be 112. d. What is the total number of seats that will be provided indoors? Outdoors? There are 112 interior seats and no outdoor seats. e. If there is an outdoor area, will there be an option to consume alcohol outdoors? f. If there is an outdoor area, is it on private property or the public right-of-way, or both? i. If an outdoor area is on the public right-of-way, has a revocable permit been obtained? g. Are you adding floor area? If yes, how much is enclosed? Outdoors? h. Parking i. How many parking spaces are available on the site? There are seven parking spaces behind the restaurant which are for exclusive use of the restaurant. The site has a total of 114 parking spaces, per C of O LA92664/69, LA96249/69, LA95672/69, LA26700/71. ii. Are they shared or designated for the subject use? The seven spaces are designated for the subject use. The remaining spaces are not. 12 parking spaces will be available for use by the restaurant after 6 p.m. iii. If you are adding floor area, what is the parking requirement as determined by the Department of Building & Safety?

9 iv. Have any arrangements been made to provide parking off-site? 1. If yes, is the parking secured via a private lease or a covenant/affidavit approved by the Department of Building & Safety? Note: Required parking must be secured via a covenant pursuant to LAMC E 5. A private lease is only permitted by a Zone Variance. 2. Please provide a map showing the location of the off-site parking and the distance, in feet, for pedestrian travel between the parking area the use it is to serve. 3. Will valet service be available? Will the service be for a charge? Yes, the parking spaces on-site will be utilized by valet. i. Is the site within 1,000 feet of any schools (public, private or nursery schools), churches or parks? See attached radius maps. j. For massage parlors and sexual encounter establishments, is the site within 1,000 feet of any other Adult Entertainment Businesses as defined by LAMC B17? QUESTIONS REGARDING THE OPERATION OF THE ESTABLISHMENT a. What are the proposed hours of operation and which days of the week will the establishment be open and Proposed Hours of Alcohol Sales? Proposed hours of operation and alcohol sales are from 11 a.m. to midnight daily. b. Will there be entertainment such as a piano bar, dancing, live entertainment, movies, karaoke, video game machines, etc? Please specify: Note: An establishment that allows for dancing needs a conditional use pursuant to W.18. c. Will there be minimum age requirements for entry? If yes, what is the minimum age requirement and how will it be enforced?

10 No, however any patrons wishing to purchase alcoholic beverages must be 21 years of age and 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. The establishment will function as a restaurant and as such will cater to patrons of all ages. d. Will there be any accessory retail uses on the site? What will be sold? e. Security i. How many employees will you have on the site at any given time? There will be approximately employees on-site at any given time. The applicant 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). ii. Will security guards be provided on-site? No, however there will be security cameras. 1. If yes, how many and when?. iii. Has LAPD issued any citations or violations? If yes, please provide copies. f. Alcohol i. Will there be beer & wine only, or a full-line of alcoholic beverages available? Full line. ii. Will fortified wine (greater than 16% alcohol) be sold? Yes. iii. Will alcohol be consumed on any adjacent property under the control of the applicant? iv. Will there be signs visible from the exterior that advertise the availability of alcohol? No, though the restaurant may post a menu which includes the drink list. v. Food

11 1. Will there be a kitchen on the site? Yes. 2. Will alcohol be sold without a food order? Most customers will come for a meal, though there may be the occasional customer who only wishes to order a drink. Food service will be available at all times. 3. Will the sale of alcohol exceed the sale of food items on a quarterly basis? 4. Provide a copy of the menu if food is to be served. Attached. vi. On-Site 1. Will a bar or cocktail lounge be maintained incidental to a restaurant? The service counter shown on the floor plans is part of the restaurant and offers the same full menu as the rest of the restaurant. a. If yes, the floor plans must show the details of the cocktail lounge and the separation between the dining and lounge facilities.. 2. Will off-site sales of alcohol be provided accessory to on-site sales ( Take Out )? a. If yes, a request for off-site sales of alcohol is required as well.. 3. Will discounted alcoholic drinks ( Happy Hour ) be offered at any time? vii. Off-Site 1. Will cups, glasses or other containers be sold which might be used for the consumption of alcohol on the premises?. 2. Will beer or wine coolers be sold in single cans, or will wine be sold in containers less than 1 liter (750 ml)?

12 . viii. Contact the CA Department of Alcoholic Beverage Control (ABC) regarding its requirements. CALDERA BILL (CA Business and Professions Code Section and ) a. Is this application a request for on-site or off-site sales of alcoholic beverages? Yes, on-site. i. If yes, is the establishment a bona-fide eating place (restaurant) or hotel/motel? Yes. 6/30/14 DG