Conditional Use Permit (CUB) Findings

Transcription

1 Conditional Use Permit (CUB) Findings (Pursuant to Sections W,1 of the LAMC) & Pacific Promenade, Ste South Seabluff Drive Los Angeles, CA Westchester-Playa Del Rey Planning Area Playa Vista Specific Plan Area D Council District 11 DM: 102B157 Zone: C2(PV) & R4(PV) Legal: Lots 3-5 Tract: Request: Pursuant to the provisions of Sec W-1 of the Los Angeles Municipal Code, a Conditional Use Permit (CUB) to permit the sale and dispensing of a full line alcoholic beverages for on-site consumption, in conjunction with the use and maintenance of an existing 2,431 sq. ft. restaurant (with existing permits/licenses [ZA CUB] see below), operating from 11 AM to 12 Midnight (daily); allowing alcohol sales/consumption on the outdoor patio limited to 10 PM (daily [see attached ABC Operation Condition 2 & approved diagram]); modify Condition 9 (of current grant) to permit 71 indoor and 64 outdoor seats (135 total [currently exist]); light entertainment (see Condition 11 of ZA CUB); and delete Condition 6, allowing the permitted use in perpetuity, given the mode and operation of the restaurant as a neighborhood venue with an excellent track record of responsible ownership /management. Restaurant Description: Since its opening in 2008, Restaurant Piknic has become a social gathering place for residents and business owners of the Playa Vista Community. In fact, the restaurant has become the frequent location for members of the Los Angeles Clippers to dine and unwind. It s upscale yet casual environment, delicious food and impeccable service is the perfect setting where groups, families and friends can enjoy afternoon, evening or late evening dining with low key entertainment. Customers select from a menu of moderately priced gourmet dishes (see attached menu) that complements the full line of alcohol beverages. The restaurant staff is known for their warmth, character, experience, and passion for delivering superior customer service.

2 Project Background: The subject restaurant was granted (along with additional proposed, yet unidentified restaurants) a Conditional Use Permit (CUB) via a Master Application, for onsite alcohol (full line) sales/consumption via ZA CUB on Per said approval, Condition 9 permitted a 6,920 sq. ft. restaurant, including outdoor dining. In 2006 and 2009 respectively, under Permit No.: , applications were submitted to LADBS for a Change of Use from retail to restaurant (B06LA1982) and to capture the CUB (B08LA05288) approved by LADCP (see attached). In 2010, LADBS issued a CofO for the subject restaurant for 88 seats, and LAFD issued an Occupant Load Certificate for indoor/patio dining for 88 seats (see attached). Subsequent to the above, and per Condition 7, a Plan Approval application (see attached ZA CUB-PA1) was filed with LADCP. Note that said request did not ask to modify Condition 9 with respect to seats or outdoor dining, but unfortunately, said Condition was modified by the AZA, probably due to fact that the applicant s representative failed to submit a revised floor plan as Exhibit A, reflecting the existing seating of the subject restaurant, post the Master grant of as noted above. Hence, the reason for the filing of a new CUB. Property Description: The subject site is composed of three (3) legally tied lots, rectangular in shape, having frontages on the south side of Pacific Promenade. The site is improved with a mixed use commercial/retail/residential condominium development known as Playa Vista. Playa Vista is a mixed-use community (not strictly a residential community), and was developed with the intent of combining retail/commercial, businesses and services within a neighborhood of condos, townhouses and market rate rental units. It s one the most uniquely designed communities in the country, and in 1998, was one of six communities in the nation selected by President Bill Clinton as a National Pilot Program of the Partnership for Advancing Technology Housing, also known as PATH. Hence, Playa Vista is one of the most technologically advanced communities ever planned. Replete with restaurants, a library, schools, parks, neighborhood services and other amenities, all in walking distance. Hence, Playa Vista is often called a city within a city. It truly is a community where one can live, work, shop and play. Surrounding Properties Northerly, across Pacific Promenade, adjoining property is zoned C2(PV) and is improved with community park. Southerly, across Discovery Creek, adjoining properties are zoned C2(PV) and R4(PV) and are improved with commercial/retail uses with a multi-storey condominium complex above. Easterly, across Seabluff Drive, adjoining properties are zone R4 (PV) zone and improved with commercial structures/use, including a Firestone Tire facility. Westerly, across Para Way, properties adjoining the subject property are zoned R4(PV) and improved with a multi-storey condominium complex. 2

3 Circulation Pacific Promenade, adjoining the property to the north is an east-west designated Local Street dedicated to a width of 60 feet and improved with curb, gutter and sidewalk. Street parking is permitted along the street. Para Way, adjoining the property to the west is a north-south designated Local Street with a width of 60 feet and fully improved with curb, gutter and sidewalk. Street parking is permitted along the street. Seabluff Drive, adjoining the property to the east is a north-south designated Local Street with a width 60 feet and fully improved with curb, gutter and sidewalk. Street parking is permitted along the street. Community Plan: General Plan, Specific Plans and Interim Control Ordinances The Westchester-Playa Del Rey Community Plan Map designates the property for Regional Mixed Use land uses with a corresponding zone of C2 (PV). The height is determined by the Playa Vista (Area D) Specific Plan (Ordinance No. 160,523) Specific Plans and Interim Control Ordinances: 1) Playa Vista Specific Plan 2) The Los Angeles Coastal Transportation Corridor Specific Plan 3) No Interim Control Ordinance (ICO) 3

4 4 General Conditional Use Permit Findings: 1. 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 in the Playa Vista Development Complex characterized by high-rise residential condominiums with various retail/commercial/service uses on the ground floor of these existing buildings. The existing restaurant (with approvals via ZA CUB & ZA CUB-PA1 is designed to be in proper relation to the larger Playa Vista community. The Playa Vista phase 1 project developed in 2001 is a mixed use development combining residential, commercial/retail/services, and open space land uses within the Master Planned Community. The restaurant is the most attractive of all of restaurants in the development that includes a lovely landscaped outdoor dining patio area, oriented to create a sense of connection to adjacent open spaces, while adding to the sense of community. Vital components of the project are the neighborhood convenience commercial uses such as retail stores, restaurants, and other service uses. Alcohol beverage service is an expected amenity with restaurant meal service, and therefore, a Conditional Use Permit (CUB) approval is consistent with adjacent uses in this community. Moreover, as stated above, the subject restaurant has served alcohol beverages since its opening in 2008, and customers, including residents of the condominiums have grown accustom of having a full dining experience. Hence, the continued use and maintenance of the previously approved entitlement performs a neighborhood function and vital service, including the number of seats and outdoor dining that is essential and beneficial to the Playa Vista Community. 2) 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 public health, welfare, and safety? As noted herein, the location of the existing subject restaurant allows convenient access from the nearby mixed use buildings and residential uses. The existing restaurant provides an attractive eating venue that incorporates outdoor patio dining enabling patrons to relax and congregate in a safe, attractive and enjoyable setting. The restaurant has lush landscaping and, by use of project trams, is easily and safely accessible from the rest of the Playa Vista community. The sale and consumption of alcohol beverages, in conjunction with the consumption of food, is a reasonable use and is a commonly accepted and expected public convenience by the general public with respect to a full service dining experience. As previously Conditioned, the subject existing restaurant functions solely as a restaurant with only ancillary alcohol beverage sales in conjunction with the operation of the full service restaurant, that includes an accessible bar/dining area. Moreover, no dancing, nightclub, or videos/arcades games are present. However, some live entertainment is provided (Jazz, Blues, R&B and Pop [no Rap, Hip Hop or DJ s]) on select nights. Additionally, the hours of operation as noted above, ensures that the venue is in compliance with other similar uses in the complex, including PinkBerry, that closes nightly at 11 PM. during which there shall be a full kitchen in operation.

5 These and other appropriately imposed Conditions via the underlined grant, including existing hours of operations, ensures that the use, will continue to be a desirable public convenience and general welfare for local patrons, nearby residents, visitors, and tourists. 3. That the project substantially conforms with the purpose, intent and provisions of the General Plan, the applicable community plan, and any applicable specific plan. The subject site is a level, rectangular-shaped, parcel of land bounded on the north east corner of Pacific Promenade and Para Way. The site is developed with retail/commercial uses on the ground level, and residential condominium units on the upper floors. The subject restaurant occupies a portion of the ground floor of this mixed use building. The restaurant covers 2,431 sq. ft. of floor area. The Westchester-Playa Del Rey Plan Map designates the property for Regional Mixed Use land uses with corresponding zones of C2(PV). The height is determined by the Specific Plan and Tract Map conditions. The property is within the area of the Playa Vista Area D Specific Plan: Ordinance No. 160,523. It is the intent of the Playa Vista Area D Specific Plan to encourage mixed use development to create an intensive, lively urban environment and to maximize development intensity in order to take advantage of the accessibility offered by transportation facilities. It is also intended to encourage innovative design and integration of residential and commercial uses in order to provide alternative housing styles and a mix of retail, entertainment, residential, commercial, recreation and cultural uses. Hence, the existing restaurant and its requested uses described herein are in harmony with these goals. 5

6 Additional Conditional Use Permit Findings: 1) Explain how the proposed use will not adversely affect the welfare of the pertinent community? Why? The approval of this request will/has not adversely affected the welfare of the community since its opening, and in fact, contributes positively to the local economy by providing employment for the adjacent community, tax revenues for the City and purchasing goods/services to support the restaurant use. Hence, the subject restaurant provides an economic benefit to the Playa Vista community. Moreover, the existing mitigation Conditions of the underline grant (ZA CUB & ZA CUB-PA1) ensures the pleasant quality of life for residents and business. Finally, the location has proven that the subject restaurant serves as a gathering place for residents and businesses alike, creating a sense of place, and neighborhood. 2) Explain how the approval of the application will not result in or contribute to an undue concentration of such establishments. No, as stated above, the subject restaurant will not add a new alcohol use to the area inasmuch as the site has an existing CUB and ABC permit/license. The restaurant (and requested uses) is a boon to the neighborhood created specifically to have a mixture of commercial/retail/service uses, alongside a mix of residential housing (rental/ownership). Moreover, the restaurant is located within the Playa Vista Specific Plan Area D, and was one of the first full service restaurants providing a complete line of alcohol beverages in the Playa Vista development, which was conceived as a City within a City having all of the local amenities in walking distance to an assortment of homes. Given the above, and the fact that the restaurant is currently open, its requested use will not result in or contribute to an undue concentration of such establishments. 3) Explain how the approval of the application will not detrimentally affect nearby residential zones or uses. There are four sensitive uses in the immediate area within 1,000 feet of the site that includes a university and three neighborhood parks. The project has been conditioned to include limited hours of alcohol sales, prohibitions on live dancing, video/arcade games, and limited light entertainment. The above conditions and the inclusion of a five year term on the grant will require that the mode and character of the operation will be reviewed in a manner which ensures that the proposed use will not detrimentally affect nearby sensitive uses. 6